On January 24, 2024, Independent Women’s Law Center (IWLC) filed its final brief in the Tenth Circuit Court of Appeals demanding that Kappa Kappa Gamma leadership adhere to Kappa’s governing documents, which limit membership to women.

In the brief, IWLC explains that nonprofit directors “owe fiduciary duties to the nonprofit, including a duty to act in good faith and in accord with the nonprofit’s bylaws and governing documents.” Kappa’s bylaws provide that “a new member shall be a woman.”

Alumnae of Kappa Kappa Gamma sorority have filed a lawsuit, Levang et al. v. Kappa Kappa Gamma Fraternity, et al., in the U.S. District Court for the Southern District of Ohio against Kappa’s governing officials for their multiple violations of Kappa’s governing rules, fraudulent activity, failure to abide by Ohio’s free speech laws, defamation, and breaches of contracts. The suit is led by Independent Women’s Network (IWN) members Patsy Levang and Cheryl Tuck-Smith, both of whom were removed from Kappa after more than 50 years of service to the sorority, for speaking against Kappa’s hidden policy promoting the initiation of men despite the clear prohibition in Kappa’s governing documents.

December 5, 2023, Independent Women’s Law Center (IWLC) filed an opening brief in the U.S. Court of Appeals for the Tenth Circuit, representing six women in Kappa Kappa Gamma sorority who were forced to initiate a man into their chapter. In this case, Westenbroek v. Kappa Kappa Gamma, members of Wyoming’s Kappa chapter are seeking to hold Kappa to the sisterhood promised to them.

The complaint alleges that the male violated their privacy and dignity, including by watching them undress and inquiring about their genitalia. The women brought suit in the District of Wyoming, challenging that the individual’s admission violated the sorority’s bylaws, which provide that “a new member shall be a woman.”

Kappa Kappa Gamma sorority alumnae who have been integral to the fight to stand up for sisterhood and keep sororities female were kicked out of Kappa Kappa Gamma by national leadership, effective immediately. The two alumnae – Patsy Levang and Cheryl Tuck-Smith – for over a half century, have been committed to Kappa Kappa Gamma, remaining involved and engaged, staying true to their sisterhood and shared Kappa values.

Since its founding in 1870, Kappa Kappa Gamma has upheld its mission to unite women to learn, grow, and inspire positive change. Under its bylaws, its membership is limited to women. But in light of the sorority’s recent conduct to betray those bylaws and allow in biological males who claim to be women, Kappa active and alumnae members felt a responsibility to speak up to preserve and protect the sorority and its 153 year commitment to women.

In October, the Tenth Circuit Court of Appeals scheduled a merits briefing in Westenbroek v. Kappa Kappa Gamma, a monumental case maintaining that “woman” in a sorority’s bylaws means “woman.” The sorority, Kappa Kappa Gamma, attempted to avoid appellate review entirely, and the female plaintiffs filed their response on Monday, arguing appellate review is necessary. The Tenth Circuit decided to continue with the appeal, with the plaintiffs’ first brief due in December.

The six female plaintiffs are appealing the District of Wyoming’s dismissal of their case. The district court ruled that the plaintiff sorority members were not entitled to a women’s-only sorority, even though Kappa Kappa Gamma’s bylaws require a women’s only sorority, because the word “woman” is subject to interpretation.

Independent Women’s Law Center is serving as counsel on the appeal and looks forward to continued briefing in the court of appeals.

Independent Women’s Forum and Independent Women’s Law Center (IWLC) are supporting the appeal of Kappa Kappa Gamma sorority women who were denied the all-female sisterhood they were promised. The plaintiff sorority members in Westenbroek v. Kappa Kappa Gamma filed a notice to appeal in the District of Wyoming, which moves the case to the Tenth Circuit Court of Appeals. The Wyoming court ruled that the plaintiff sorority members were not entitled to a women’s-only sorority, even though Kappa Kappa Gamma’s bylaws require a women’s only sorority, because the word “woman” is subject to interpretation.

“Our battle has only begun, and we are all very excited that IWLC has decided to support and join us in this fight to protect women’s spaces,” said the women forced to give up their sorority experience. “With their support, we can continue to fight for the women that deserve respect in the present and in the future.”