A women-focused athletic apparel company, XX-XY Athletics, has filed a lawsuit against the state of Colorado, challenging a recently enacted law that defines “misgendering” as a form of discrimination. The lawsuit, announced on May 28 in a press release by the legal advocacy group Alliance Defending Freedom (ADF), argues the law infringes upon free speech rights.
The law in question, HB25-1312, updates the Colorado Anti-Discrimination Act (CADA) by expanding the definition of “gender expression” to include an individual’s chosen name and preferred forms of address. According to the ADF’s statement, this change effectively mandates businesses to refer to individuals using their self-identified pronouns and names, regardless of biological sex.
Filed on May 27 in the U.S. District Court for the District of Colorado, the case—XX-XY Athletics v. Sullivan—claims that the law restricts XX-XY Athletics’ right to communicate its core message: a belief in the distinct biological differences between males and females, and support for female-only sports.
“Colorado continues to place itself on the wrong side of the law by forcing Coloradans to speak against their conscience,” said Hal Frampton, ADF Senior Counsel, in the press release.
Founded in 2024 by retired gymnast and former Levi Strauss & Co Brand President Jennifer Sey, XX-XY Athletics identifies as a brand that promotes fair competition in sports and advocates for women’s rights, especially in athletics.
The company’s lawsuit contends that HB25-1312 prevents them from using biologically accurate terms and pronouns in marketing, customer service, and other communications—actions that, they argue, are central to their brand identity. The law, according to ADF, would penalize businesses like XX-XY Athletics for refusing to conform, with potential consequences including cease-and-desist orders, legal investigations, hearings, and even criminal penalties.
“XX-XY Athletics believes that women deserve to compete fairly and holds to the commonsense view that biological differences exist between men and women,” Frampton added. “But Colorado’s law places them at risk for speaking the truth. We are urging the court to protect the ability of Coloradans to openly express their beliefs on this hotly debated issue.”
The legal action joins other recent lawsuits filed by parental rights groups who have also opposed the law, citing similar concerns about free expression and compelled speech.
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