Appeal judges voice doubts about ruling on transgender woman’s admission into Wyoming sorority

Mead Gruver, Associated Press

DENVER (AP) — Federal appellate tribunal judges expressed uncertainty Tuesday astir whether they could norm connected a transgender woman’s admittance into a University of Wyoming sorority aliases if a little tribunal should proceed to perceive nan case.

The admittance of Artemis Langford into nan Kappa Kappa Gamma sorority prompted a suit from six different sorority members past year. After proceeding from some sides successful nan case, nan three-judge U.S. 10th Circuit Court of Appeals took nan arguments nether advisement without ruling.

The lawsuit astatine Wyoming’s only four-year nationalist assemblage has drawn wide attraction arsenic transgender group conflict for much acceptance successful schools, athletics, workplaces and elsewhere, while others push back.

In their lawsuit, nan six existent and erstwhile members of nan Kappa Kappa Gamma sorority section successful Laramie, Wyoming, situation Langford’s admittance by casting uncertainty connected whether sorority rules allowed a transgender woman.

RELATED | Lawsuit contests University of Wyoming trans female successful sorority

An lawyer for nan sorority sisters told nan judges Tuesday nan nationalist sorority assembly was unfair to sorority members by changing who could belong. However, nan bulk of nan judges’ questions and remarks to attorneys focused connected whether nan lawsuit was moreover ripe for appeal.

Last summer, U.S. District Judge Alan Johnson successful Cheyenne dismissed nan lawsuit without prejudice successful a ruling that suggested nan suit could beryllium refiled successful his court. That unsocial should forestall appeal, attorneys for nan Ohio-based sorority reason successful tribunal documents.

Appellate Judge Carolyn McHugh expressed openness to that argument.

“It seems to maine it’s not final,” McHugh told nan sorority sisters’ attorney, May Mailman, astatine nan outset of Tuesday’s oral arguments.

Mailman told nan judges nan lawsuit was sufficiently resolved successful territory tribunal to let appeal. But appellate Judge Richard Federico voiced akin doubts.

“The territory tribunal is offering you a lifeline,” he told Mailman.

Mailman based on that by allowing transgender women into nan section astatine nan university, nan nationalist sorority assembly and president violated their responsibility to sorority members to faithfully travel sorority bylaws. State rule successful Ohio, however, gives nan unpaid committee for nan private, Ohio-based statement wide leeway to specify position successful those bylaws, including who’s a woman, based on Kappa Kappa Gamma lawyer Natalie McLaughlin.

A tribunal whitethorn get progressive only if specified an mentation is unreasonable aliases arbitrary but that wasn’t nan case, McLaughlin added.

The arguments drew a fistful of demonstrators extracurricular nan national courthouse holding signs that publication “Save Sisterhood” and “Women person nan correct to women’s only spaces.”

“We shouldn’t person to opportunity ‘Here’s why I request my women’s space.’ Women’s spaces should beryllium protected, period,” Mailman said astatine a news convention aft nan arguments.

The statement that a tribunal should beryllium capable to show a backstage statement really to specify a female flies successful nan look of blimpish skepticism astir large government, nan Wyoming LGBTQ+ defense group Wyoming Equality said successful a statement.

“They are arguing against nan correct of organizations to find their ain membership,” Director Sara Burlingame said. “I americium optimistic that nan 10th Circuit will work together pinch Judge Johnson.”

The sorority sisters’ suit against Kappa Kappa Gamma and its president, Mary Pat Rooney, claimed Langford made them consciousness uncomfortable successful nan sorority house. Langford has been dropped from nan suit connected appeal.