In Doe v. Kappa Kappa Gamma Fraternity, decided last Thursday by Judge Alan Johnson (D. Wyo.), several members of the KKG sorority at the University of Wyoming (despite the corporate name, KKG is a sorority) sued the central KKG organization for breach of contract and related claims, arising out of KKG's decision to allow Terry Smith, a male-to-female transgender student, to become a member:
Plaintiffs ask this Court for declaratory judgments ordering: (1) that "men who identify as women" are ineligible for KKG membership, including voiding, ab initio, Smith's admission; (2) Defendants' violation of their obligations to the KKG organization; and (3) Defendants' violation of a campus housing contract. Plaintiffs also seek permanent injunctive relief invalidating Smith's membership and prohibiting men from admission to KKG, as well as monetary damages. {Plaintiffs do not allege claims against Defendant Smith, but [named Smith as a defendant because they] maintain that Smith is a required party under Fed. R. Civ. P. 19(a)(l)(B).}
At this stage, the preliminary question has been whether the Does could proceed pseudonymously, on the theory that "Plaintiffs argue that they have 'already faced threats, harassment, and safety concerns' from this litigation, including a 'social media maelstrom' often encircling matters of intense public scrutiny like transgender rights." No, said the court:
