Riley Gaines, an advocate for women’s sports and privacy issues, speaks during a news conference outside the United States Court of Appeals for the Tenth Circuit Tuesday, May 14, 2024, in Denver. The “Save Sisterhood” demonstration and news conference were …sorority sisters took their fight over Kappa Kappa Gamma’s transgender policy to the 10th U.S. Circuit Court of Appeals, and they weren’t alone.
Judge Carolyn McHugh said the district court decision included “very specific instructions on how to fix your complaint and refile,” adding that the intent of the lower court “seems to me it’s not final.” The judges did wade into the “what is a woman” issue when questioning Natalie McLaughlin, attorney for Kappa Kappa Gamma, which was founded in 1870.
“The term ‘woman’ is undefined in the bylaws, and that term ‘woman’ is not subject to a singular definition,” Ms. McLaughlin said. “Everyone in this large and diverse organization of over 210,000 individuals does not interpret that term in the same way.” Courts may only step in if the interpretation is shown to be both unreasonable and arbitrary, she said.
“They’re trying to avoid that because somehow there have been pressures in society that have minimized the importance of women in society and women’s spaces, and made it okay for people to act like they’ve forgotten what a woman is,” said Ms. Mailman.
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