Latest news with #JenniferSey
USA Today
2 hours ago
- Politics
- USA Today
Can you be legally punished for misgendering someone? Colorado says yes.
Can you be legally punished for misgendering someone? Colorado says yes. | Opinion Colorado has threatened to sic the thought police on anyone who doesn't comply by using state-approved language about transgender people. Show Caption Hide Caption Jennifer Sey talks about starting the XX-XY Athletics company Jennifer Sey talks about starting the XX-XY Athletics company USA TODAY staff You'd think that after two significant losses at the U.S. Supreme Court, Colorado would tread more carefully with its anti-discrimination laws. No such luck. A new law, signed by Democratic Gov. Jared Polis in May, expands the Colorado Anti-Discrimination Act to make deadnaming and misgendering transgender individuals a punishable offense. California, not surprisingly, has tried something similar but on a more limited basis. The updated Colorado provisions have already attracted lawsuits on the grounds that the law violates the U.S. Constitution, including the First Amendment. Much like two other Colorado cases involving a cake baker and a web designer that reached the Supreme Court, this law pits free speech rights against public accommodation protections. At the heart of those cases, as well as this one, is the fact that the government – no matter how well-intentioned – cannot compel speech or chosen messages. Opinion: Democrats waste $20 million to learn why they lost men. Here's my free advice. And that's what Colorado's trans rights law would do, by claiming 'it is now a 'discriminatory practice' under Colorado law to refer to transgender-identifying individuals by their birth name (i.e., not their 'chosen name') or to use biological pronouns (i.e., not their preferred pronouns) in a place of public accommodation,' according to the first lawsuit, filed by a group of national and Colorado parental-rights organizations, including Defending Education. Forced gender ideology adherence? Here come the thought police. The law describes 'gender expression' as including someone's 'chosen name' and 'how an individual chooses to be addressed.' That is troublesome to the groups involved because a lot of the work they do centers on pushing back against gender ideology. Using biologically accurate terms is integral to their work. For instance, when discussing whether transgender students should participate in girls' sports, the debate is rooted in the biological differences between boys and girls. Now, the groups are at risk of violating the law when speaking in public spaces in Colorado. Opinion: Trump is right. Transgender athletes turn girls' track meets into a farce. 'H.B. 25-1312 was passed for the very purpose of suppressing traditional views on sex and gender and punishing those who refuse to address transgender-identifying individuals using so-called chosen names and preferred pronouns,' the lawsuit states. Those punishments could include investigations, lawsuits and fines, in addition to the possibility of 'participation in mandatory educational programs' if deemed necessary by the Colorado Civil Rights Commission. Thought police, anyone? 'I think it's the first time that we've seen a state actually try to cement in its own anti-discrimination canon a requirement to violate the First Amendment,' Sarah Parshall Perry, Defending Education's vice president and legal fellow, told me. She said the Supreme Court has made clear that in addition to the government forcing someone to communicate a message, forcing someone to silence themselves – essentially creating a heckler's veto – is a free speech violation. Businesses like XX-XY Athletics should be able to speak the truth The second federal lawsuit against Colorado's law was filed by Alliance Defending Freedom on behalf of XX-XY Athletics, which was founded in Denver in 2024 by former Levi's executive Jennifer Sey. As the name implies, XX-XY Athletics is an athletic brand that unapologetically defends women's sports and spaces and has been outspoken about why biological men shouldn't be competing with women athletically. So using correct language is vital to the company's branding and advertising. 'Colorado continues to place itself on the wrong side of the law by forcing Coloradans to speak against their conscience,' said Hal Frampton, ADF senior counsel, in a statement. ADF is the law firm that secured wins for its Colorado clients – baker Jack Phillips and web designer Lorie Smith – in two cases that reached the Supreme Court. So it's well-positioned to intervene now. Opinion: Activists have made baker Jack Phillips' life miserable. Please leave him alone. Colorado wants to mandate 'kindness' for the LGBTQ+ community through its anti-discrimination laws. Yet, what state officials refuse to learn is that no law is above the Constitution. And in this case, requiring citizens to use language that's simply not true or accurate will never pass muster when squared with the First Amendment. Ingrid Jacques is a columnist at USA TODAY. Contact her at ijacques@ or on X: @Ingrid_Jacques
Fox News
6 days ago
- Entertainment
- Fox News
Men Won't Stop Bullying Women In Sports
Ben is joined by former U.S. national gymnast and founder of XX-XY Athletics Jennifer Sey to discuss the continued controversy surrounding transgender athletes in women's sports. He's then joined by FOX News National Correspondent Griff Jenkins to unpack the status of President Trump's 'big, beautiful bill' in the Senate, and Elon Musk's reaction to the legislation since his departure from DOGE. They later discuss the media's coverage of the terror attack in Boulder, CO. Later, Ben, Dylan, and Christine talk Pacers, and Taylor Swift's buy back of her master recordings. Learn more about your ad choices. Visit
New York Post
28-05-2025
- Business
- New York Post
Activist sportswear brand sues Colorado, accuses state of censoring its message
The women's activist sportswear brand XX-XY Athletics is suing the state of Colorado over a recent state law that the company claims would interfere with its ability to market its message. The lawsuit takes aim at the state for passing a law called HB25-1312 and amending the Colorado Anti-Discrimination Act, which defines 'gender expression' to include 'chosen name' and 'how an individual chooses to be addressed.' The laws state Coloradans have a right to access 'public accommodations and advertising' that are free of discrimination on that basis. Advertisement The company's lawsuit claims that the state's new legislation would make it illegal for the brand to carry out certain viral marketing campaign techniques it has used since launching last year. 'XX-XY Athletics, in their advertising, customer interactions, and elsewhere, to refer to transgender-identifying individuals with their given names or with biologically accurate language. XX-XY Athletics can no longer speak the truth in pursuit of its mission. XX-XY Athletics can no longer call men, men,' the lawsuit states. 'Even worse, the Act coerces the company to speak against its principles and alter the meaning of its core message. If XX-XY Athletics refuses, the company faces cease-and-desist orders, expensive investigations, hearings, and civil and criminal penalties.' Colorado Attorney General Philip J. Weiser's office has declined to comment on the lawsuit to Fox News Digital. Advertisement 4 Jennifer Sey is the founder of XX-XY Athletics. XX/XY Athletics XX-XY founder Jennifer Sey provided a statement to Fox News Digital insisting that the law would hinder her company's marketing strategies and the overall movement to oppose trans athletes in girls and women's sports. '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. XX-XY Athletics communicates often and broadly on the reality that men and women are different and our mission as a brand is to empower female athletes to also speak up and protect women's sports,' Sey wrote. 'Laws like this in Colorado force Coloradans to adhere to an ideology that is in violation of actual truth. They want to silence anyone who disagrees. We are filing this lawsuit to fight for our — and every Coloradan's – right to free speech.' Advertisement 4 The state recently passed laws allowing Coloradans to have a right to access 'public accommodations and advertising' that are free of discrimination. AFP via Getty Images Sey's brand has regularly used its social media platforms to bring attention to instances of biological males competing in girls and women's sports around the country, while promoting XX-XY merchandise. The company also produces original commercials that feature its brand ambassadors, and some of those include references to trans athletes being 'men' or 'boys.' Colorado is already facing a lawsuit from one of its own school districts over the state's laws requiring schools to allow biologically male transgender athletes to compete in girls sports. School District 49 (D49) in El Paso County, Colorado, filed its lawsuit against the state after passing a localized rule that banned trans athletes from girls sports at its schools earlier in May. That lawsuit cites 'increasing tension between Title IX obligations and the state system that requires discrimination against female student-athletes,' according to documents obtained by Fox News Digital. Advertisement 4 Sey's sportswear company claimed Colorado's new law would interfere with the brand's marketing techniques. Penske Media via Getty Images 'Knowing that the approved policy would generate opposition and potentially trigger legal challenges, D49 filed a pre-enforcement action in the Colorado District of the federal court system seeking declaratory and injunctive relief,' the school district said. The lawsuit does not come in response to a specific incident of a trans athlete competing in the district. Instead, it's a response to the state's sweeping policies conflicting with the school's obligation to abide by federal law, specifically Title IX. 'Political culture is far out of balance on gender issues. Our lawsuit seeks a rational correction to excessive accommodations,' D49 Superinterdent Peter Hilts told Fox News Digital. 'Our state athletic association simultaneously advocates equity and discrimination. We asked them to resolve that discrepancy, and they declined, so we were compelled to pursue a legal ruling.' 4 Natalie Daniels was booted from her running club in the DC metro area after she shared her views about trans athletes on XX-XY's YouTube page. Courtesy of Natalie Daniels Students in the state can compete in either gender category if they inform their school in writing that their gender identity differs from their sex assigned at birth. CHSAA requires schools to do a confidential evaluation, and all forms of documentation are voluntary. There are also no medical or legal requirements stated. Weiser's office responded to that lawsuit in a statement provided to Fox News Digital. 'The attorney general is committed to defending Colorado's anti-discrimination laws. The attorney general's office has no further comment on this ongoing litigation,' the statement said.
Fox News
27-05-2025
- Health
- Fox News
Jennifer Sey calls out California gov as trans athlete set to compete for girls' state titles
XX-XY Athletics founder Jennifer Sey talked Tuesday about the biological male who is set to compete for a girls' state championship in long jump and track and field in California. The junior from Jurupa Valley High School finished in first place in both events at the California Interscholastic Federation (CIF) Southern Section Masters. The athlete has been at the center of a national controversy as the athletics association refused to comply with President Donald Trump's executive order to bar males from girls' and women's sports. This weekend, the athlete has a chance to win a state title. "We're all just so tired of it," Sey said on "Fox & Friends." "Two months ago, Gavin Newsom said it was 'unfair' for boys to compete in girls' sports but he's done nothing about it. Actions speak louder than words here." Sey lamented that the second-place finisher, Kaylee Best, did not have the chance to stand on top of the podium in either event. "It's ridiculous. He has male advantage," Sey added. "He shouldn't be allowed to compete in girls' (sports). And, according to the executive order, he's not but California is ignoring it." Trump on Tuesday threatened to cut off federal funding to California and get authorities involved if the CIF allowed the athlete to participate in the state championship. Newsom previously talked about transgender participation in girls' sports back in March with prominent conservative Charlie Kirk. "The young man who's about to win the state championship in the long jump in female sports, that shouldn't happen," Kirk said. "You, as the governor, should step out and say no. Would you do something like that? Would you say no men in female sports?" "I think it's an issue of fairness. I completely agree with you on that. It is an issue of fairness — it's deeply unfair," Newsom told Kirk. "I am not wrestling with the fairness issue. I totally agree with you." Kirk pressed Newsom on whether he would condemn the athlete in question from Jurupa Valley High School after the athlete won another event at the time. Newsom did not directly address the win but said "it's a fairness issue." "So, that's easy to call out the unfairness of that," he said. "There's also a humility and a grace. … These poor people are more likely to commit suicide, have anxiety and depression. And the way that people talk down to vulnerable communities is an issue that I have a hard time with as well. "So, both things I can hold in my hand. How can we address this issue with the kind of decency that I think, you know, is inherent in you but not always expressed on the issue?" Newsom further explained his point of view in a press conference on April 2 when asked whether there should be a law to prohibit males from competing in girls' and women's sports. "And I'm about as transparent about this as anybody out there, particularly in my party, on this, and to the extent someone can and do it in a way that's respectful and responsible and could find a kind of balance, then I'm open to that discussion. ... You're talking about a very small number of people, a very small number of athletes, and my responsibility is to address the pressing issues of our time. "And this, I think, has been colored in and weaponized by the right to be 10 times, 100 times bigger than it is and so my focus is on a myriad of other issues in this state. And to the extent that someone could find that right balance, I would embrace those conversations and the dignity that hopefully presents themselves in that conversation, meaning the humanity around that conversation, not the politics around that conversation." Trump's administration has already warned the CIF and the athlete's high school of consequences for allowing the situation. The federation came under additional scrutiny when its officials allegedly forced athletes to remove shirts that read "Protect Girls Sports" at the Southern Sectional prelims on May 10. Follow Fox News Digital's sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.
Forbes
25-03-2025
- Business
- Forbes
How Jennifer Sey's XX-XY Athletics Brand First-Year Success Transcended Politics
It's been a year since Jennifer Sey and her XX-XY Athletics brand entered the large and fiercely competitive athletic apparel market, expected to reach $173 billion in North America this year, according to McKinsey. Just about all the cards are stacked against a start-up brand breaking through. However, Sey and the XX-XY brand have had remarkable, if not unprecedented, success by traditional financial and brand engagement measures. It reached seven figures in sales in only the first eight months by using only the power of social media and numerous earned media appearances to get the message out. All the while, she and her brand have faced numerous obstacles, being villainized by many, shadow-banned on TikTok for eight months and blocked by Meta during the Paris Olympics Games from using the hashtag #XX. Yet XX-XY stands out for being the first, and still only, athleticwear brand that takes a stand against trans athletes competing in women's and girl's sports and invading their private spaces. The accomplishments don't stop there. How many first-time entrepreneurs get invited to the White House, much less acknowledged by the President of the United States by more than a handshake? He handed her his notes after giving his Executive Order speech protecting women's sports. Only a handful get such a White House invite, and usually they're present for a photo op to support a political agenda. Admittedly, politics is always behind anything a politician says or does, but in the case of Jennifer Sey, the President wanted to thank her personally for bringing public attention to an issue that has crossed the political divide. A recent New York Times/Ipsos poll found that 79% of Americans believe that trans athletes should not be allowed to compete in women's sports, including a dominant 67% majority of Democrats or those who lean Democrat. As Sey says, 'Brands are a tool of culture, and they influence and inform ideas in the same way file, art and music do.' She's recruited the support of such outspoken feminists as J.K. Rowling, Megyn Kelly, Sage Steele, and Martina Navratilova, along with a team of 60+ female sports warriors and proud wearers of the XX-XY brand, to be the change they want to see in the world. Since the 1970s and 1980s, the conscious-consumerism movement emerged with consumers making purchase decisions influenced by corporate ethics, environmental and social justice positions to effect societal change. Then it rapidly began to evolve into political consumerism, particularly among the higher-income status individuals with less conservative views. It's no surprise politics entered the consumer mindset, as Aristotle asserted, 'Man is a political animal,' and defined the ultimate purpose of politics to achieve 'the good life' and 'eudaimonia,' translated as flourishing or happiness. Expand Aristotle's philosophy to the marketplace – Americans are consuming animals – and the foundation of corporate ESG policies be found. Accordingly, consumers increasingly engage in the political process in their purchase decisions, choosing to buy from this brand or that retailer because they believe it is advancing the common good and avoiding, even boycotting brands that stand on the opposite side of the political divide. An experimental study led by Northeastern University political science Professor Costas Panagopoulus found that brands perceived as partisan, i.e. aligned with Democrat or Republican candidates, drew consumers with similar party affiliations and distanced those on the other side. The stronger the consumers' party affiliation, the stronger their movement one way or another. 'Partisans, on average, reward or punish firms upon learning that their campaign contributions lopsidedly favor one party,' the study found. And the research indicates that in specific regions or market niches where the partisan balance favors one party or another, it could impact the company's market share. However, Panagopoulos points out that some social issues go beyond politics to shared 'consensus values,' or a supermajority. 'Consumer demand has been shown to increase when products are advertised with reference to widely shared values.' XX-XY brand at least initially tapped the partisan political divide. In 2022, Pew Research found that only 37% of Democrats and Democrat-leaning consumers supported restricting sports participation to the gender assigned at birth and 85% among Republicans and Republican leaners. However, it's become a supermajority consensus value in a few short years, according to the latest Ipsos/NYT poll. If Sey had only hitched XX-XY's wagon to the trans-athlete issue, its days may have been numbered after President Trump signed the Executive Order to keep men out of women's sports on Feb. 5. But at its founding, Sey had a broader purpose: to build a world-class athletic brand committed to 'creating exceptional products, inspiring marketing and maintaining financial discipline while fostering a work environment where merit is paramount and free speech thrives,' the company states. At the same time, its other mission was equally ambitious. 'We are more than just a business: we are a movement,' Sey explained. 'We differentiate ourselves by telling the truth about women's sports.' At first, customers came for a logo t-shirt or a hat to wave the XX-XY flag, but Sey told me that between 25% and 30% of customers have come back for more. They learned that the brand has the style, performance and fit that competes favorably with mainstream brands and it also aligns with their values, where other brands don't. 'We're building trust with our customers. After their first purchase, they are surprised at the quality and they are leaning in to buy some of the higher-priced performance items, like leggings. That's how we will establish ourselves as a real player in the space,' she said. The women's sports mission provides powerful storytelling narratives to get people's attention, with the athleticwear going along for the ride. Female athletes of all ages are the heroes in its video social media campaigns which have collectively earned 50 million organic views, such as Real Girls Rock, which J.K. Rowling shared to her followers, and its Dear Nike campaign – 'poking the bear,' Sey called it. Apparently, it's working. Through connections with billionaire hedge fund investor Bill Ackman, she learned the ad was at least partly responsible for Nike coming back to this year's Super Bowl after sitting it out for 27 years. Nike did not respond to a request for comment. And the Nike 'So Win' Super Bowl ad featuring WNBA star Caitlin Clark and Olympic gymnast Jordan Chiles provided Sey with a springboard for the next XX-XY campaign: 'So Speak: Athletes Respond to Nike's Super Bowl Campaign.' In the XX-XY video, accomplished female athletes, including Riley and sister Neely Gaines, April Hutchinson, Réka György, Lauren Miller, Kaitlynn Wheeler, Sia Liilii, Macey Boggs and Payton McNabb, challenge the Nike ad where it stated women are told they can't be demanding, relentless, confident, challenging, stand out and win. 'We watched the ad in real time during the Super Bowl. I felt like it was such a pathetic way to address our challenges and so beside the point, like there are evil sexists in the world who are telling women they can't win championships or fill stadiums. That's just not true,' Sey shared and continued: 'Nike failed completely to address the one thing that women are actually told they can't do: stand up for the integrity of women's sports.' XX-XY's 'So Speak' ad tells the real story of what women face when they speak out. 'They are harassed. They're threatened,' Sey explained. 'They're physically assaulted, like Riley Gaines. They are severely injured, like Payton McNabb,' who suffered permanent brain damage in a high school volleyball game. 'They lose scholarships and endorsements and they lose their careers, like Melissa Batie-Smoose,' the San Jose State volleyball coach, who was suspended for filing a Title IX complaint against the school for allowing a trans-gender athlete to play on the team. Even as the NCAA revised its trans-athlete policy, which many believed doesn't go far enough in protecting women's sports, including the state of Texas, Sey says the XX-XY brand is just getting started. Being the master marketer she is – named twice to Forbes' most influential marketers list for work she did previously at Levi's – Sey says there is still a lot more work to do, not just protecting women from unfair competition by biological males, but supporting women's and girl's sports more broadly. Sey expects that other athletic brands might catch on to the message, but at least for now, the XX-XY brand has the playing field to itself. And Sey has benefited by making numerous appearances on such widely viewed media channels, such as Fox, Fox Business, The Blaze, The Daily Wire, The Daily Signal, The Daily Mail, Megyn Kelly and others, to champion the cause, and secondarily, promote the brand. Ironically, despite being overlooked, even vilified by what some may consider the mainstream media, such as CNN, ABC, NBC and CBS, a casual mention in a New York Times article positioning the brand in a negative light turned out to be the third most important way customers learned of the XX-XY brand, after Fox and social media. 'We're committed to having this conversation. I can bring facts, like why the qualifying time for women in the Boston Marathons is 17% slower than men and why there are no rings in women's gymnastics because men have much more upper body strength,' Sey said. 'I'm calm, rational, not bigoted, and just talk common sense. Eventually we'll have a balanced conversation. While they try to demonize us and argue against us, that'll will change over time. 'I'm not at all fearful of having a challenging conversation. I don't need to talk only to people who agree with me, but most especially with those who don't,' she concluded. See Also:
