XX-XY Athletics / Facebook
The activist clothing brand XX-XY Athletics is suing Colorado over its newly-signed law that designates “misgendering” as discrimination, according to a May 28 press release from Alliance Defending Freedom (ADF).
HB25-1312 amends the Colorado Anti-Discrimination Act (CADA) to have “gender expression” also be defined as one’s “chosen name” and “how an individual chooses to be addressed,” according to the release.
ADF filed the lawsuit XX-XY Athletics v. Sullivan May 27 on behalf of XX-XY, alleging that the law curtails the apparel company’s freedom to state that there are differences between males and females. The release argues that the law forces companies to address “female-identifying” men as females and to avoid any product messaging or ads that would indicate customers are not welcome because of their gender expression or chosen name.
“Colorado continues to place itself on the wrong side of the law by forcing Coloradans to speak against their conscience,” ADF Senior Counsel Hal Frampton stated in the release.
Former Levi Strauss & Co Brand President and retired star gymnast Jennifer Sey founded XX-XY Athletics in 2024, staking out the new brand as one that publicly backs female-only sports.
The lawsuit argues, “By prohibiting XX-XY Athletics from referring to all individuals by their given name and biologically accurate pronouns and terminology, CADA defeats the company’s ability to express the core message of its brand—that male athletes’ inclusion in women’s sports is unjust and dangerous.”
ADF’s release states that HB25-1312 threatens XX-XY’s free speech and puts the company at risk of cease-and-desist orders, costly investigations, hearings, and 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, but Colorado’s law places them at risk for speaking the truth,” Frampton continued. “We are urging the court to protect the ability of Coloradans to openly express their beliefs on this hotly debated issue.”
ADF filed the suit with the U.S. District Court for the District of Colorado. Earlier this month, several parental groups also sued over the law, as CatholicVote previously reported.