XX-XY Athletics Founder Jennifer Sey (Photo credit: XX-XY Athletics)
XX-XY Athletics, Christian bookstore continue suits against Colorado for silencing their views on biological reality
ADF attorneys available for media interviews Thursday following oral arguments
Thursday, Feb 19, 2026
WHO: Alliance Defending Freedom attorneys
WHAT: Available for media interviews following oral arguments in XX-XY Athletics v. Sullivan and Born Again Used Books v. Sullivan
WHEN: Immediately following oral arguments, which begin at 1 p.m. MST, Thursday, Feb. 19
WHERE: U.S. District Court for the District of Colorado, 212 N. Wahsatch Ave., Colorado Springs. To schedule an interview, contact ADF Media Relations Manager Hattie Troutman at (771) 200-7630.
COLORADO SPRINGS, Colo. – Alliance Defending Freedom attorneys representing a Colorado athletic apparel company and a Christian bookstore will be available for media interviews Thursday following oral arguments in XX-XY Athletics v. Sullivan and Born Again Used Books v. Sullivan. Both XX-XY Athletics and Born Again Used Books are challenging a Colorado law restricting their ability to speak truthfully about the biological differences between men and women.
Last year, the Colorado governor signed HB 25-1312 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 and Born Again Used Books to use biologically inaccurate language in their customer interactions, advertisements, and other publications.
“Colorado continues to place itself on the wrong side of the law by forcing Coloradans to speak against their conscience,” said ADF Legal Counsel Mercer Martin, who will be arguing before the court. “XX-XY Athletics and Born Again Used Books hold the commonplace belief that men and women are biologically different, but Colorado’s law places them at risk for speaking the truth. We are urging the court to protect the ability of Coloradans to openly express their beliefs on this hotly debated issue.”
XX-XY Athletics is the only athletic brand to stand up for women’s sports. 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. Katherine C. Yarger of Lehotsky Keller Cohn LLC is co-counsel with ADF in the XX-XY Athletics case.
Born Again Used Books, a family-owned bookstore in Colorado Springs, happily sells its products to anyone, but Colorado now compels the bookstore to speak using pronouns and titles based on a person’s preferred gender expression—thereby requiring the store to prioritize a person’s professed identity over biological reality. That requirement violates the Christian bookstore’s beliefs and the First Amendment.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
