This story is part of our Quick Hits series. This series will bring you breaking news and short updates from throughout the state.
A lawsuit involving members of a University of Wyoming sorority and a transgender student is gaining attention in the U.S. Senate.
U.S. Senators Jim Banks (R-Indiana) and Ruben Gallego (D-Arizona) introduced the Freedom of Association in Higher Education Act of 2025 on April 1.
The bill would amend the Higher Education Act of 1965 to allow single-sex organizations, like sororities and fraternities, to be exclusive based on sex. The text of the bill was not immediately available.
The senators referred to a continuing case in Wyoming.
In 2023, six members of Kappa Kappa Gamma at UW sued their national organization for permitting a transgender student to join their sorority. After a federal district court dismissed the lawsuit without prejudice, the sisters appealed the decision to the 10th Circuit Court of Appeals, where it was also dismissed. The 10th Circuit said it lacked jurisdiction on the case because the lower court’s dismissal was not final or appealable.
It instructed the plaintiffs to either seek a dismissal with prejudice at the district court level or amend their complaint and refile.
So far the plaintiffs have not done anything.
Kappa Kappa Gamma is asking the Wyoming court to set a 21-day deadline for the sisters to take action or convert the previous dismissal to a dismissal with prejudice.
In addition, a separate motion seeks to remove the transgender student from the case. Both motions are waiting for a decision by a U.S. District Court of Wyoming judge.
While the Wyoming case was pending, a separate lawsuit on the same issue was filed in the U.S. District Court for the Southern District of Ohio in January 2024. The national headquarters of Kappa Kappa Gamma are located in Columbus, Ohio. The Ohio court issued an order to move the case to Wyoming. That motion was appealed but ultimately dismissed on March 18. All proceedings are now pending in Wyoming.
The next status hearing is scheduled for May 23.
