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U.S. District Judge Alan B. Johnson once again dismissed former University of Wyoming students’ lawsuit against their sorority for allowing a biological male to join their group, ruling last week that the sorority can define “women” as it chooses.
The former Kappa Kappa Gamma members’ case was dismissed for the second time, this time with prejudice, after Johnson ruled the University of Wyoming chapter did not violate any rules by allowing transgender student Artemis Langford to join in 2022.
In his ruling, Johnson wrote that the organization clearly showed in documents that it “defines women by their gender and not their ‘biological sex.’”
“Nothing in the Bylaws or the Standing Rules requires Kappa to narrowly define the words ‘women’ or ‘woman’ to include only those individuals born with a certain set of reproductive organs, particularly when even the dictionary cited by Plaintiffs offers a more expansive definition,” Johnson wrote.
He also dismissed the former students’ citation of the definition of “women” under President Donald Trump’s executive order in January as “adult…human females,” adding that he did not even understand what that description meant.
“We are not entirely sure what this definition means, not having a degree in biology,” Johnson wrote. “But even assuming this definition aligned with Plaintiffs’, it only applies to the Executive Branch’s interpretation of federal laws and administration policy. It is not relevant in the world of private contracts, which is where we currently find ourselves.”
He added that the court is not allowed to interfere with the organization’s decisions unless it has broken its bylaws or committed fraud.
“In short, we are required to leave Kappa alone,” Johnson wrote.
Johnson’s dismissal of the case with prejudice means that the same claims can no longer be brought to his court. However, the plaintiffs can still file an appeal.
The former students alleged in their original complaint that Langford not only made no effort to look like a woman after joining the sorority but would also “voyeuristically” watch women in intimate situations. The complaint described one scenario in which Langford “had a visible erection” while watching sorority members.
Langford denied the latter alleged incident occurred, according to the Washington Post, which added court records bolstered Langford’s claim because of the testimony of another sorority sister corroborating that account.
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