Attorney Suzanne Beecher of Alliance Defending Freedom (ADF) says Colorado is known for passing laws that censor speech, and online retailer XX-XY is challenging one that restricts the company's ability to speak truthfully about the biological differences between men and women.

"The mission of the client is to advocate for women's sports and spaces," says Beecher, whose Christian legal advocacy group is representing XX-XY Athletics. "Central to this mission is the idea that men and women are different."
But under HB25-1312, Colorado is censoring XX-XY's ability to use biologically accurate pronouns and to refer to male athletes competing in women's sports by their given name.
Governor Jared Polis (D-Colorado) signed the bill on May 16, amending the Colorado Anti-Discrimination Act to define "gender expression" to include "chosen name" and "how an individual chooses to be addressed."
As explained in an ADF press release, the law requires businesses like XX-XY Athletics to avoid any statement or advertisement that indicates customers are "unwelcome" based on their gender expression and chosen name.
Knowing that legacy athletic brands would not stand up for female athletes who are losing competitions to men, national gymnastics champion Jennifer Sey launched XX-XY Athletics during Women's History Month last year to give a voice to those advocating to protect women's sports.
Her Denver-based company regularly advertises online and conducts pop-up events in the state with advertising and customer interactions that refer to male athletes and customers as male, which is discriminatory according to Colorado's law and allows any person who perceives the advertising as such to directly file a complaint in a district court, launching a burdensome investigation process that can lead to a cease-and-desist order.
Each violation of the law can also trigger fines up to $3,500 and even criminal penalties.
Beecher calls this a "clear First Amendment violation."
ADF attorneys filed XX-XY Athletics v. Sullivan with the U.S. District Court for the District of Colorado. Katherine Yarger of Lehotsky Keller Cohn LLP serves as co-counsel for XX-XY Athletics.