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Ohio court transfers second transgender-sorority case to Wyoming

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1 year ago

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Ohio court transfers second transgender-sorority case to Wyoming


by Maggie Mullen, WyoFile

An Ohio court transferred a lawsuit Thursday to Wyoming’s U.S. District Court because of its similarity to a high-profile case involving Kappa Kappa Gamma at the University of Wyoming and its admission of a transgender woman.  

“This case is about whether Kappa Kappa Gamma (“Kappa”) may allow transgender women to join its sisterhood,” U.S. District Court for the Southern District of Ohio Judge Michael H. Watson wrote in his decision. 

The same issue is the subject of another case in another federal district court, Watson wrote, and “because they are duplicative, these two cases should not proceed simultaneously, for a plethora of prudential reasons.”

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More specifically, Watson pointed to the “first-to-file rule,” which calls for the court in which the first suit was filed to oversee subsequent cases, too. 

The initial suit began in April 2023 when six members of Kappa Kappa Gamma at the University of Wyoming filed a lawsuit in the U.S. District Court for the District of Wyoming against the sorority for admitting Artemis Langford, a transgender woman. 

The lawsuit was dismissed. The suing sorority sisters’ appeal was also unsuccessful. In the midst of that legal battle, Patsy Levang and Cheryl Tuck-Smith, two Kappa Kappa Gamma alumni, filed a separate complaint in the U.S. District Court for the Southern District of Ohio against the organization after they were expelled from it.

The Kappa Kappa Gamma house is pictured on a fall day in 2023. (Madelyn Beck/WyoFile)

Levang and Tuck-Smith openly opposed Kappa’s trans-inclusive policy and supported the plaintiffs in the Wyoming case, including publishing an op-ed in the National Review. That violated the organization’s media policy, according to the sorority’s court filings. 

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Kappa Kappa Gamma also claimed that Tuck-Smith violated a separate policy when she used the organization’s membership list to contact other alumni about the ongoing litigation. 

Ultimately, the organization’s fraternity council — which functions as a board of directors — voted to terminate both Levang and Tuck-Smith’s membership. 

In their complaint, however, Levang and Tuck-Smith argue the termination was retaliatory. 

They also claim that Kappa Kappa Gamma “is bound to defend the single-sex nature” of the organization, and by including transgender women it has “improperly attempted to broaden its membership criteria,” among other things. 

“This case raises issues about whether a private, non-profit organization can disregard its mission and fiduciary duties, disavow its governing rules and bylaws, ignore its legal and ethical obligations, deceive and silence its members, and retaliate against those members who object to this conduct,” the complaint states. 

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The case is now in the hands of U.S. District Court Alan B. Johnson, who dismissed the Wyoming complaint last year. 

How did we get here?

The plaintiffs in the Wyoming case — Jaylyn Westenbroek, Hannah Holtmeier, Allison Coghan, Grace Choate, Madeline Ramar and Megan Kosar — accused the sorority of breaking its bylaws, breaching housing contracts and misleading sisters when it admitted Langford by vote of its members. 

In August 2023, Johnson dismissed the Wyoming case, ruling that the plaintiffs failed to adequately state a claim against Langford or her sorority, and that the government cannot interfere with how a private, voluntary organization determines its membership. 

Johnson ruled “without prejudice,” giving the plaintiffs the option to refile an amended complaint. He also gave them advice on how to do so.

“If Plaintiffs wish to amend their complaint, the Court advises Plaintiffs that they devote more than 6% of their complaint to their legal claims against Defendants,” Johnson wrote regarding their 72-page complaint. 

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Instead of refiling, the plaintiffs hired two high-powered attorneys to appeal the dismissal to the 10th Circuit Court of Appeals. 

In June, the appellate court dismissed the plaintiffs’ appeal, ruling that it did not have jurisdiction over the case since the lower court had not issued a final order. 

The court also told the sorority sisters they could either seek a final judgement from the district court, or amend their complaint as Johnson suggested. In the six months since then, the plaintiffs have done neither and the case remains pending. 

First-to-file rule

When actions involving nearly identical parties and issues have been filed in two different district courts, Watson wrote in his decision, the court in which the first suit was filed should generally proceed to judgment.

“And, as a corollary, the court in which the later suit was filed should generally transfer, stay or dismiss,” he wrote. 

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Furthermore, Watson wrote, to not apply the first-to-file rule “would be to condone forum-shopping.

“The Court does not accuse Plaintiffs of forum-shopping or bad faith, to be clear. But allowing Plaintiffs to proceed simultaneously on the same core claims in two fora, as Plaintiffs here seek to do, encourages forum-shopping.”

May Mailman, attorney for six students suing the Kappa Kappa Gamma sorority for admitting a transgender woman to its University of Wyoming chapter, exits the 10th Circuit Court of Appeals in Denver after giving oral arguments in the case. She’s followed by plaintiff Hannah Holtmeier. (Tennessee Watson/WyoFile)

The status of the case in Wyoming makes that point clear, Watson wrote, since “six months have passed since the Tenth Circuit instructed the Westenbroek plaintiffs to either amend their complaint or move for a dismissal without prejudice. 

“They have not done so. Why not?”

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Watson wrote that someone in the position of the plaintiffs might respond with another question. 

“Why would we proceed in a forum that dismissed our claim already when instead we can wait and see whether the Southern District of Ohio will be more receptive?”

Alongside Johnson, the case was assigned to Magistrate Judge Scott P. Klosterman. However, the case was reassigned to U.S. Magistrate Judge Stephanie A. Hambrick after Klosterman recused himself for previously serving as an attorney for the defense in the Wyoming case.

This article was originally published by WyoFile and is republished here with permission. WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.

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Wyoming

WHSAA warns of possible changes to statewide athletics and activities following budget cuts

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5 hours ago

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May 15, 2026

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WHSAA warns of possible changes to statewide athletics and activities following budget cuts


CASPER, Wyo. — High school athletics in Wyoming could see some drastic changes in the coming years following legislative changes to the state’s education budget, the Wyoming High School Activities Association recently announced in a statement.

According to the WHSAA, Wyoming school districts are facing a projected $3.9 million shortfall in activities funding, forcing officials to consider significant cuts to high school sports and extracurricular programs.

The WHSAA shared details regarding a new “silo” funding model implemented by the Legislature, stating that the recalibrated block grant model reduced funding for student activities and extra-duty responsibilities from $46.3 million to $42.4 million, an approximately 8.4% decrease statewide.

WHSAA Commissioner Trevor Wilson said the restructuring also restricts district access to an additional $76.2 million in previously flexible funding.

“A significant portion of the [April 28 WHSAA Board of Directors] meeting was dedicated to discussing the projected funding shortfall,” Wilson wrote.

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The WHSAA is weighing several strategies to address rising costs with fewer resources. Proposed changes include eliminating regional tournaments and reducing the number of teams qualifying for state events from eight to four; limiting wrestling to two classes and restricting track and field state participants to the top 16 marks; making cuts to soccer, indoor track and field, Nordic and Alpine skiing, swimming and diving, spring golf and tennis; and reducing in-person speech and debate events by half and centrally locating All-State Music events to minimize travel. The board also recommended increasing gate admission or implementing student participation fees to offset costs.

While the WHSAA release states that no plans have been finalized and the various changes are currently just possibilities, Natrona County School District 1 Board of Trustees member Mary Schmidt criticized the WHSAA’s handling of the news at Monday’s board meeting.

“I take some issues with this, [including] the sheer fact that we as Board of Trustees members have not talked about that at all,” Schmidt said. “It is not our intent and it has not been brought to us to cut our athletics or activities budget for the upcoming school year. … I take issue with them picking sports and getting the community upset and ginning them up to be upset that this is all going to be cut when that hasn’t been discussed.”

Later in the meeting, Superintendent Angela Hensley clarified that Natrona County School District 1’s athletics and activities budget saw a reduction of roughly $550,000 in the coming year’s budget, but said the local school district does not plan to cut any sports.

“Thank you, Trustee Schmidt, for saying this, because I think people are wondering — we are not planning to cut athletics and activities for next year,” Hensley said. “We do have to take a look at our entire budget as we have talked about, as we learn more about these new rules that come in.”

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Wyoming

Cheyenne City Council to consider a pause on new data centers

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17 hours ago

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May 14, 2026

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Cheyenne City Council to consider a pause on new data centers


Republished with permission from Wyoming News Now, a TV news outlet covering the Cheyenne and Casper areas. 

Cheyenne City Council has introduced a temporary moratorium, or pause, on new data center construction.

“The end goal is to actually have regulations in place, to have really heavy public involvement with this with data centers,” said Councilman Mark Moody.

The proposed ordinance is not a permanent ban on data centers and would not affect data centers currently under construction.

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Councilman Moody says this is a bipartisan issue.

“I just want to make this clear, I’m not against data centers. We do need them from a national security perspective,” he said.

He said there needs to be more public input and regulations regarding data centers in Cheyenne.

The ordinance would require city staff to study data center impacts such as electricity usage, electricity tariffs, closed-loop cooling systems, groundwater impacts, agricultural impacts, and land value.

Cheyenne LEADS, the economic development corporation for Cheyenne and Laramie County, reported in November 2025 that there are 12 operational data centers in Wyoming, five under construction and plans for 43 data centers announced across the state.

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“There needs to be more public input with this, and also to see how many we can sustain here in this community, cause there are talks of 43, and then another day 70. How many can we sustain here?” said Councilman Moody.

The proposed moratorium will now go to the Public Services Committee on Monday, May 18 at noon in the Municipal Building.





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Wyoming High School Softball Regional Tournaments 2026

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1 day ago

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May 14, 2026

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Wyoming High School Softball Regional Tournaments 2026


Sheridan will play in the North Regional Tournament at Gillette, while the South Regional Tournament will be played at Rock Springs.

North Regional Tournament at Gillette:

Checking record vs. highest team in the quadrant not involved in the tie, Thunder Basin gets the #1 Northeast seed over Campbell County, because the Lady Bolts went 3-1 vs. Sheridan, whereas the Lady Camels went 2-2.

Friday, May 15th:

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(#1 NE) Thunder Basin vs. (#4 NW) Jackson – 11am

(#2 NW) Natrona County vs. (#3 NE) Sheridan – 11am

(#2 NE) Campbell County vs. (#3 NW) Kelly Walsh – 1pm

(#1 NW) Cody vs. (#4 NE) Worland – 1pm

Semi-Finals:

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Thunder Basin/Jackson winner vs. Natrona County/Sheridan winner – 3pm Winner qualifies for the state tournament.

Campbell County/Kelly Walsh winner vs. Cody/Worland winner – 5pm Winner qualifies for the state tournament.

Consolation Round:

Thunder Basin/Jackson loser vs. Natrona County/Sheridan loser – 3pm LOSER OUT!

Campbell County/Kelly Walsh loser vs. Cody/Worland loser – 5pm LOSER OUT!

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Saturday, May 16th:

TBA vs. TBA – 10am LOSER OUT! Winner qualifies for the state tournament.

TBA vs. TBA – 10am LOSER OUT! Winner qualifies for the state tournament.

2 10am winners vs. each other – 1pm 3rd Place

TBA vs. TBA – 1pm 1st Place

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South Regional Tournament at Rock Springs:

Friday, May 15th:

(#1 SW) Laramie vs. (#4 SE) Torrington – 11am

(#2 SE) Cheyenne East vs. (#3 SW) Green River – 11am

(#2 SW) Rock Springs vs. (#3 SE) Wheatland – 1pm

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(#1 SE) Cheyenne Central vs. (#4 SW) Cheyenne South – 1pm

Semi-Finals:

Laramie/Torrington winner vs. Cheyenne East/Green River winner – 3pm Winner qualifies for the state tournament.

Rock Springs/Wheatland winner vs. Cheyenne Central/Cheyenne South winner – 5pm Winner qualifies for the state tournament.

Consolation Round:

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Laramie/Torrington loser vs. Cheyenne East/Green River loser – 3pm LOSER OUT!

Rock Springs/Wheatland loser vs. Cheyenne Central/Cheyenne South loser – 5pm LOSER OUT!

Saturday, May 16th:

TBA vs. TBA – 10am LOSER OUT! Winner qualifies for the state tournament.

TBA vs. TBA – 10am LOSER OUT! Winner qualifies for the state tournament.

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2 10am winners vs. each other – 1pm 3rd Place

TBA vs. TBA – 1pm 1st Place




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