XX-XY Athletics Challenges Colorado Law on Trans Gender Protections

Apparel Company Challenges Colorado’s Transgender Rights Law

In a bold move against a recently enacted Colorado law, XX-XY Athletics, an apparel company founded by champion gymnast Jennifer Sey, is confronting state regulations that they claim impose transgender ideologies on businesses and infringe on their rights.

The company, known for its stance against the inclusion of men in women’s sports, has launched a legal battle by filing a complaint in the U.S. District Court for the District of Colorado.

The controversy centers on an amendment to the Colorado Anti-Discrimination Act, which expands protections to include “chosen name” and “how an individual chooses to be addressed,” affecting public accommodations and advertising. This has sparked debate over its impact on free speech and business operations.

The lawsuit contends that, “This expresses the legislature’s intent that it be illegal for public accommodations like XX-XY Athletics, in their advertising, customer interactions, and elsewhere, to refer to transgender-identifying individuals with their given names or with biologically accurate language.” The complaint emphasizes the potential consequences of non-compliance, such as cease-and-desist orders and legal penalties.

Jennifer Sey, who started XX-XY Athletics with the goal of advocating for women’s sports, has criticized established athletic brands for not protecting female athletes against competing with men. The company has teamed up with the Alliance Defending Freedom (ADF), a conservative legal group known for defending First Amendment rights, including the case of baker Jack Phillips.

ADF argues that the new law jeopardizes free speech, allowing legal action against businesses for perceived discrimination in advertising. Hal Frampton, ADF Senior Counsel, stated, “Colorado continues to place itself on the wrong side of the law by forcing Coloradans to speak against their conscience.”

The law, known as House Bill 25-1312 or the Kelly Loving Act, aims to ensure that all Coloradans have access to non-discriminatory public services and advertising. Democratic state Sen. Faith Winter, a sponsor of the bill, clarified that the law targets intentional harm rather than unintentional misgendering, stating, “This isn’t if someone shows up at your workplace and you call them the wrong name or misgender them. There has to be intentionality to cause harm.”

Beyond XX-XY Athletics, the law is also facing opposition from a coalition of conservative groups, represented by Defending Education. They argue that the legislation’s definitions are overly broad and suppress traditional views on gender, with claims that it discriminates based on viewpoint.