Activist sportswear brand XX-XY Athletics sues Colorado, accuses state of censoring its message
XX-XY Athletics, a women’s activist sportswear brand, has recently filed a lawsuit against the state of Colorado regarding a new law that the company believes would impede its ability to market its message effectively. The law in question, HB25-1312, amends the Colorado Anti-Discrimination Act to include “gender expression” as well as the right for Coloradans to access public accommodations and advertising free from discrimination based on chosen names and how individuals choose to be addressed.
The lawsuit contends that this new legislation would prohibit XX-XY Athletics from using certain marketing campaign techniques that have been integral to the brand’s messaging since its inception. Specifically, the company claims that the law would make it illegal for them to refer to transgender-identifying individuals by their given names or with biologically accurate language in their advertising and customer interactions.
Founder Jennifer Sey expressed concerns that the law would hinder the company’s ability to oppose the inclusion of trans athletes in girls and women’s sports, a key focus of XX-XY Athletics’ mission. The brand has been vocal on social media about instances of biological males competing in women’s sports and has produced original commercials featuring brand ambassadors that include references to trans athletes as “men” or “boys.”
Colorado is already facing legal challenges related to its laws on transgender athletes in sports, with one school district, D49 in El Paso County, filing a lawsuit against the state over conflicting policies between state regulations and federal law, specifically Title IX. The lawsuit aims to address the tension between state laws requiring schools to allow biologically male transgender athletes to compete in girls’ sports and federal obligations to ensure equity for female student-athletes.
The state’s athletic association has faced criticism for advocating both equity and discrimination simultaneously, prompting D49 to seek legal clarification on the matter. Students in Colorado are allowed to compete in the gender category of their choice by informing their school in writing, with no medical or legal requirements for documentation.
The Colorado Attorney General’s office has declined to comment on the ongoing litigation, emphasizing their commitment to defending the state’s anti-discrimination laws. The lawsuit highlights the broader debate surrounding gender issues and the need for a rational approach to addressing conflicts between state and federal regulations in the realm of women’s sports.
