"If it goes to the heart of the organization’s existence, that’s beyond just mere interpretation."
Arguing before the court on Monday was Angela Lavin, who is representing the sorority sisters, and Natalie McLaughlin, who is representing the Kappa Kappa Gamma sorority. At the center of the arguments were whether a sorority’s governing council could interpret the term “woman” in its bylaws to include trans-identifying males, per Cowboy State Daily.
McLaughlin argued that the governing council has the authority to interpret the terms within bylaws, while Lavin argued that the governing council could not reinterpret a term that has been the foundation of the organization for over a century.
Lavin said, “It would be like if the Sierra Club’s internal board of directors suddenly interpreted ‘environment’ to include ‘any development on land.”
McLaughlin maintained that the case revolves around a private organization’s ability to self-govern. She noted laws in Ohio, where the sorority is incorporated, that defer toward governors of private groups. McLaughlin said, “Kappa’s governing documents expressly assign fraternity council the duty of defining and interpreting its bylaws." She said that interpreting “woman” to include biological males was the council “reasonably” exercising their authority.
One judge noted Ohio’s laws barring arbitrary and unreasonable interpretations of group bylaws, asking, “If the council explicitly added the category of men … would that be a reasonable interpretation under Ohio law?” McLaughlin replied, “The authority is not limitless.”
“But the interstation you’re defending does allow biological men to join the sorority, right,” the judge asked.
McLaughlin said, “Individuals born as men, but who ID as women,” and pointed to a dictionary definition that defined “woman” as including trans-identified males.
The judge said, “You’re really saying the definition of ‘woman’ has evolved over the centuries.” He noted that when the sorority was founded 150 years ago, Webster’s dictionary made it “pretty clear woman was a female adult.” He added, “Would it be reasonable for the board to basically discard the founding principle of the organization in favor of the new, expanded interpretation of the term?”
McLaughlin said, “The historical meaning of what woman may have meant back then is not relevant.” She said that members could have pushed for a definition of woman, crafted an amendment defining it themselves, or voted in a new council that would define it.
McLaughlin argued that the position adopted by the Kappa Fraternity Council in 2015 describing membership as including “women and individuals who identify as women” was merely a reinterpretation, while Lavin argued that it added a new category of eligible members.
One judge said it could be reasonably argued that having “woman” as a membership requirement but not clearly defining the term was a “bait and switch,” and asked if new recruits are told that trans-identified males might be inducted into the sorority. McLaughlin said, “Certainly there’s no legal duty [to] clarify every undefined legal term from every person.”
Lavin argued, “If it goes to the heart of the organization’s existence, that’s beyond just mere interpretation.”
The amended complaint was filed in June of 2025 following a years-long legal battle regarding the admission of Langford. US District Judge Alan B. Johnson dismissed the case that August, arguing that the sorority has the autonomy to dictate how it wants to define the word "woman” and courts should not interfere.
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