A federal appeals court is reviewing a lawsuit brought by five University of Wyoming Kappa Kappa Gamma alumnae who claim the national sorority violated its own rules by admitting men who identify as transgender. The case was heard Monday by the U.S. Court of Appeals for the 10th Circuit, following a district court's dismissal of the suit last year.
The dispute centers on whether Kappa Kappa Gamma's leadership breached its contract and fiduciary duty to members by changing membership policies without disclosure or a vote, and whether courts can intervene in a private group's interpretation of its bylaws.
The lawsuit follows Kappa Kappa Gamma's 2015 decision to alter its policy statement to allow men who identify as transgender to join, a change not disclosed to some members until November 2022. Plaintiffs argue this move bypassed the sorority's standard procedures, which typically require member votes on major changes. The controversy reflects broader national debates over single-sex organizations and transgender inclusion.
Arguments in Court
Plaintiff Allie Coghan, speaking after oral arguments, said the judges appeared engaged and asked tough questions of both sides. Coghan and her co-plaintiffs maintain that Kappa Kappa Gamma broke its promise of a "sisterhood of women" by admitting a transgender woman, which they argue constitutes a breach of contract.
"When Kappa tells you, we promise you a sisterhood of women, and a man shows up, that is the opposite. It is breaking the contract."
— Allie Coghan, plaintiff
The plaintiffs allege that the sorority's leadership did not follow its usual process of presenting bylaw changes to the membership for a vote at convention. Coghan stated, "They did change in their bylaws the wording to include men who identify as women. But where they went wrong is that they did not present it to the sorority, and they didn’t let members vote on it at convention."
Sorority’s Defense and Response
Kappa Kappa Gamma, in a statement to the Daily Signal, defended its "right as a private organization to interpret our bylaws." The sorority said it would "continue to vigorously defend against attempts by plaintiffs to use the judicial system to take away a private organization’s fundamental right to govern itself and cause lasting damage to our organization." The group expressed confidence that the appellate court would uphold the lower court's ruling and resolve the matter swiftly.
Judge Alan B. Johnson, who dismissed the case in August 2025, ruled that the court "may not interfere with Kappa’s contractually valid interpretation of its own Bylaws," and found that the bylaws did not require a narrow definition of "women."
Claims of Double Standards
Coghan and other plaintiffs also allege that Kappa Kappa Gamma applied double standards in its treatment of members. Coghan described how the chapter allowed the transgender member to live outside the sorority house for safety reasons, while her own request for an exemption due to health issues was denied. She also recounted that voting on the transgender member’s admission was not anonymous, contrary to usual practice, and that officers pressured members to support the decision.
Coghan cited the example of Tracy Nadzieja, a former Sigma Pi fraternity leader at Arizona State University who later identified as female and was initiated by Kappa Kappa Gamma as an alumna. Nadzieja, now a judicial officer in Arizona and a District Director for Kappa Kappa Gamma, did not respond to requests for comment. According to the Arizona Women Lawyers Association, Nadzieja was appointed to the Maricopa County Superior Court in 2018 and has served in leadership roles within both Sigma Pi and Kappa Kappa Gamma.
Plaintiffs’ Motivation
Coghan said her motivation for the lawsuit is to protect future generations of women in the sorority. "I don’t think the next generation of women should have to fight for this, and if I don’t stand up now, then they’re going to have to," she told the Daily Signal.
The appellate court has not indicated when it will issue a decision.
