XX-XY Athletics, a sportswear brand founded by former gymnast Jennifer Sey, has filed a federal lawsuit against the state of Colorado, challenging the recently enacted Kelly Loving Act. The law expands anti-discrimination protections for transgender individuals, including prohibitions against deliberate misgendering and deadnaming in public accommodations, and is named in honor of a transgender woman killed in the Club Q shooting.
The lawsuit, backed by the conservative legal group Alliance Defending Freedom (ADF), argues that the law infringes upon the company’s First Amendment rights by compelling it to use language that contradicts its beliefs. Specifically, XX-XY Athletics contends that being required to refer to transgender individuals by their chosen names and pronouns forces the company to “speak against its principles and alter the meaning of its core message.”
Jennifer Sey has been a vocal critic of transgender inclusion in women’s sports. In a recent appearance on Fox News, she stated, “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.” She further claimed that laws like the Kelly Loving Act “force Coloradans to adhere to an ideology that is in violation of actual truth.”
The company’s marketing strategies have included referring to transgender athletes by their birth names and assigned sex at birth, actions that could now be considered discriminatory under the new law. Sey and XX-XY Athletics argue that such restrictions hinder their ability to promote their brand’s message, which emphasizes the importance of “biological differences” in sports.
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Colorado lawmakers, however, have emphasized that the law targets intentional acts of discrimination. Democratic state Sen. Faith Winter, a sponsor of the bill, explained, “There has to be intentionality to cause harm. This is about patterns of behavior that target and isolate individuals, much like racist or sexist language when directed at a specific person.”
Legal experts from LGBTQ advocacy groups have noted that the law focuses on conduct rather than speech alone. Shannon Minter, legal director for the National Center for Lesbian Rights, stated that the bill addresses “discriminatory actions that create a hostile environment for transgender people.”
The lawsuit from XX-XY Athletics is part of a broader pattern of legal challenges against transgender rights in Colorado. Earlier this month, a group of Christian camps sued the state over new childcare licensing rules that prohibit gender segregation in sleeping arrangements. These cases reflect ongoing tensions between free speech claims and anti-discrimination protections for transgender individuals.
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As the legal battle unfolds, supporters of the Kelly Loving Act argue that the law is a necessary step to ensure dignity and respect for transgender individuals in public spaces. They contend that recognizing and affirming a person’s gender identity is not only a matter of personal respect but also a legal imperative to prevent discrimination and harassment.
The outcome of this lawsuit could have significant implications for the enforcement of anti-discrimination laws and the rights of transgender individuals in Colorado and potentially beyond.
