WDI USA Files Amicus Brief in Westenbroek v. Kappa Kappa Gamma

December 11, 2023

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The topic of this post is an amicus brief that Women’s Declaration International USA (WDI USA) filed in the 10th Circuit Court of Appeals today in the case of Westenbroek v. Kappa Kappa Gamma. It was originally posted on the WDI USA website.

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WDI USA has filed a friend of the court brief in a case called Westenbroek, et al. v. Kappa Kappa Gamma et al. At issue is the ability of women and girls to assemble outside the presence of men (specifically, in the context of a sorority whose bylaws mandate that any new member “shall be a woman”). In the few years since its launch in 2020, WDI USA has put the feminist critique of “gender identity” before the Fourth, Fifth, Sixth, Ninth, and Tenth Circuit Courts of Appeal of the U.S. judiciary.

From the brief:

WDI USA is interested in this appeal first because although we agree that organizations (including feminist organizations) have a First Amendment right of association (as well as speech) to define their own organizing documents, that right has some limitations that the District Court erroneously found inapplicable. Second, as an organization, we can hardly protect the rights of women and girls, such as appellants in this matter, to associate exclusively with other women and girls, if membership in a women-only organization is open to “individuals who identify as women,” i.e., men. Relatedly, the linguistic destabilization caused by the uncritical use of words like “transgender” is producing massive confusion throughout society as well as in law, and ought to be avoided at all costs. Third, if the word women includes men who claim to “identify as women,” the word lesbian ceases to have any coherent meaning, to the detriment of lesbians as a class. All over the world, lesbians (including members of the WDI USA Lesbian Caucus) are being compelled by governmental and social entities to include men in meetings, dating pools, and organizations if said men claim to be women, i.e., if they identify as women. In view of its work on these issues, WDI USA has a meaningful perspective to offer the Court.

You can download and read it here.

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Update: later in the day another amicus brief was filed:

BRIEF OF OVER 450 KAPPA KAPPA GAMMA ALUMNAE AS AMICI CURIAE IN SUPPORT OF APPELLANTS AND OF REVERSING THE DECISION BELOW

This brief is on the same side WDI USA filed on (in support of the sorority sisters). This is the opening statement of that brief:

Every single one of those women signed their names to the brief. This is over 450 women, all alumnae of Kappa Kappa Gamma, all openly expressing support for young women who don’t want men in their spaces and accurately calling men “men.” Cheers!