Alliance Defending Freedom / Adobe Express/XXXY

XX-XY Athletics sues Colorado for violating right to speak truth that men and women are different

ADF files suit on behalf of apparel company after state passes law restricting brand’s ability to refer to male athletes and customers as male if they identify as female

DENVER – Alliance Defending Freedom attorneys filed a federal lawsuit Tuesday on behalf of an athletic apparel company challenging a Colorado law restricting the company’s ability to speak truthfully about the biological differences between men and women. XX-XY Athletics is the only athletic brand to stand up for women’s sports.

On May 16, Colorado Gov. Jared Polis signed HB25-1312 into law, a policy that amends the Colorado Anti-Discrimination Act to define “gender expression” to include “chosen name” and “how an individual chooses to be addressed.” The law, therefore, requires businesses like XX-XY Athletics to address male customers who identify as female as females and also requires businesses to avoid any statement or advertisement that indicates customers are “unwelcome” based on their gender expression and chosen name. The brand frequently refers to male athletes and male customers as male—even if they identify as female—putting the company at risk of violating Colorado’s law and facing cease-and-desist orders, expensive investigations, hearings, and civil and criminal penalties.

Full news release, quotes, and related media resources available here. 

Case Name: XX-XY Athletics v. Sullivan

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