XX-XY Athletics files lawsuit against Colorado’s gender expression laws

EXCLUSIVE: The women’s activist sportswear brand XX-XY Athletics is suing the state of Colorado over a recent state law that the company claims would interfere with its ability to market its message. 

The lawsuit takes aim at the state for passing a law called HB25-1312 and amending the Colorado Anti-Discrimination Act, which defines “gender expression” to include “chosen name” and “how an individual chooses to be addressed.” The laws state Coloradans have a right to access “public accommodations and advertising” that are free of discrimination on that basis. 

The company’s lawsuit claims that the state’s new legislation would make it illegal for the brand to carry out certain viral marketing campaign techniques it has used since launching last year.

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“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. XX-XY Athletics can no longer speak the truth in pursuit of its mission. XX-XY Athletics can no longer call men, men,” the lawsuit states. 

“Even worse, the Act coerces the company to speak against its principles and alter the meaning of its core message. If XX-XY Athletics refuses, the company faces cease-and-desist orders, expensive investigations, hearings, and civil and criminal penalties.” 

Colorado Attorney General Philip J. Weiser’s office has declined to comment on the lawsuit to Fox News Digital. 

XX-XY founder Jennifer Sey provided a statement to Fox News Digital insisting that the law would hinder her company’s marketing strategies and the overall movement to oppose trans athletes in girls and women’s sports. 

“What is happening in Colorado is a threat to anyone who speaks the truth about biological reality and who stands up for the rights of women and girls. XX-XY Athletics communicates often and broadly on the reality that men and women are different and our mission as a brand is to empower female athletes to also speak up and protect women’s sports,” Sey wrote. 

“Laws like this in Colorado force Coloradans to adhere to an ideology that is in violation of actual truth. They want to silence anyone who disagrees. We are filing this lawsuit to fight for our — and every Coloradan’s – right to free speech.”

COLORADO SCHOOL DISTRICT SUING STATE OVER POLICY THAT ALLOWS TRANS ATHLETES IN GIRLS SPORTS

People wave a Transgender Pride flag as they attend the 2023 LA Pride Parade on June 11, 2023 in Hollywood, California. (ROBYN BECK/AFP via Getty Images)

Sey’s brand has regularly used its social media platforms to bring attention to instances of biological males competing in girls and women’s sports around the country, while promoting XX-XY merchandise. The company also produces original commercials that feature its brand ambassadors, and some of those include references to trans athletes being “men” or “boys.” 

Colorado is already facing a lawsuit from one of its own school districts over the state’s laws requiring schools to allow biologically male transgender athletes to compete in girls sports.

School District 49 (D49) in El Paso County, Colorado, filed its lawsuit against the state after passing a localized rule that banned trans athletes from girls sports at its schools earlier in May. That lawsuit cites “increasing tension between Title IX obligations and the state system that requires discrimination against female student-athletes,” according to documents obtained by Fox News Digital.

“Knowing that the approved policy would generate opposition and potentially trigger legal challenges, D49 filed a pre-enforcement action in the Colorado District of the federal court system seeking declaratory and injunctive relief,” the school district said.

The lawsuit does not come in response to a specific incident of a trans athlete competing in the district. Instead, it’s a response to the state’s sweeping policies conflicting with the school’s obligation to abide by federal law, specifically Title IX.

“Political culture is far out of balance on gender issues. Our lawsuit seeks a rational correction to excessive accommodations,” D49 Superinterdent Peter Hilts told Fox News Digital. “Our state athletic association simultaneously advocates equity and discrimination. We asked them to resolve that discrepancy, and they declined, so we were compelled to pursue a legal ruling.”

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Jennifer Sey founed XX-XY Athletics in March 2024. The message of the name of the brand “is that there is empirical truth. Biology is true,” she said. (XX-XY Athletics)

Students in the state can compete in either gender category if they inform their school in writing that their gender identity differs from their sex assigned at birth. CHSAA requires schools to do a confidential evaluation, and all forms of documentation are voluntary. There are also no medical or legal requirements stated.

Weiser’s office responded to that lawsuit in a statement provided to Fox News Digital. 

“The attorney general is committed to defending Colorado’s anti-discrimination laws. The attorney general’s office has no further comment on this ongoing litigation,” the statement said.

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