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EXCLUSIVE: The women’s activist sports label XX-XY Athletics sues the state of Colorado over a recent state law, which the company claims would interfere with its ability to market its message.
The lawsuit aims at the state of passing a law called HB25-1312 and amending the Colorado Antidis-Infinion Act defines “gender expressions” to include “chosen name” and “how a person chooses to be processed.” The Laws State Coloradans have the right to access “public accommodation and advertising” that is free from discrimination on this basis.
The company’s lawsuit claims that the state’s new legislation would make it illegal for the brand to perform certain viral marketing campaign techniques it has used since the launch last year.
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“XX-XY athletics, in their advertising, customer interactions and elsewhere, to refer to transgender-identifying persons with their given names or with biologically accurate language. XX-XY ATHLETICS can no longer speak the truth in the pursuit of his mission.
“Even worse, the law forces the company to speak against its principles and change the importance of its core message. If XX-XY athletics refuses, the company will be facing and Desist orders, expensive investigations, hearings and civilians and criminal sanctions.”
Colorado Attorney General Philip J. Weiser’s office has refused to comment on the trial of Pakinomist Digital.
XX-XY founder Jennifer Sey made a statement to Pakinomist Digital, which insisted that the law would prevent her company’s marketing strategies and the overall movement to oppose trans athletes in girls and women’s sports.
“What happens in Colorado is a threat to anyone who speaks the truth of biological reality and who stands up for the rights of women and girls. XX-Xy athletics often communicate and broadly about the reality that men and women are different, and our mission as a brand is to strengthen female athletes to talk and protect women’s sports as well,” SEY wrote.
“Promises like this in the Colorado Force Coloradans to comply with an ideology that conflicts with the actual truth. They want to dampen anyone who disagrees. We submit this trial to fight for our – and any Coloradan’s – right to freedom of expression.”
Colorado School District sues the state of policy that allows trans athletes in girls sports
People are waving with a cross -cut pride flag when participating in 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 occurrences of biological men competing in girls and women’s sports around the country while promoting XX-XY products. The company also produces original advertisements that contain its fire ambassadors, and some of these include referrals to trans athletes who are “men” or “boys.”
Colorado is already facing a trial from one of its own school districts over state laws that require schools to give biological male Transgender athletes To compete in girls sports.
School District 49 (D49) in El Paso County, Colorado, brought his lawsuit against the state after passing a localized rule banning trans athletes from girls sports at his schools earlier in May. This lawsuit cites “rising tension between title IX obligations and the state system that requires discrimination against female student athletes” according to documents obtained by Pakinomist Digital.
“Knowing that the approved policy would create resistance and potentially trigger legal challenges, D49 submitted a prior enforcement measure in the Colorado district of the federal legal system that sought declaring and injured relief,” the school district said.
The trial does not come in response to a particular incident of a trans athlete competing in the district. Instead, it is a response to the state’s sweeping policies that contradict the school’s obligation to comply with federal law, specifically title IX.
“Political culture is far out of balance in gender issues. Our lawsuit is looking for a rational correction for excessive accommodation,” D49 Superinterent Peter Hilts told Pakinomist Digital. “Our state athletic association is also in favor of equity and discrimination. We asked them to solve this discrepancy and they rejected, so we were forced to pursue a legal decision.”
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 gender assigned at birth. CHSAA requires schools to make a confidential evaluation and all kinds of documentation are volunteers. Nor have any medical or legal requirements stated.
Weiser’s office responded to this trial in a statement delivered to Pakinomist Digital.
“The lawyer is obliged to defend Colorado’s Law on Discrimination.
