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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
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.
New York Post
29-04-2025
- Sport
- New York Post
New mom kicked out of running club over trans controversy: ‘Antithesis of why I signed up'
A decade ago, if a woman ran a sub-three-hour Boston Marathon only six months after giving birth, she was pretty much guaranteed a fawning spread in a fitness magazine. But last week, only days after running the vaunted race in 2:50:04, new mom Natalie Daniels was booted from her running club in the DC metro area. The reason? She spoke up about fairness in women's sports. Advertisement Daniels doesn't believe that trans runners should take up women's spots in races — especially in Boston, which caps the number of marathon participants. 6 Natalie Daniels finished the Boston Marathon in 2:50:04, only six months after giving birth to her first child, son Cooper. Courtesy of Natalie Daniels 'I don't want anyone to think that there's not a place for trans athletes in sports writ large,' the 33-year-old told me in an emotional interview. 'All I am saying is that women — biological women — in women's sports are valid and they deserve integrity in the results.' Advertisement Daniels, who has won five of the 18 marathons she's run, initially signed up for Boston when she was eight months pregnant with her first child, son Cooper. While in training, she read a social media post from Jennifer Sey, the founder of XX-XY Athletics, about how the Boston Marathon was going to let a trans woman compete in the women's open category on April 21. Sey also noted that the race had a nonbinary category that has only been won by men since its inception two years ago. The takeaway: It was possible for biological men to sweep all categories. 6 Natalie Daniels holds her son Cooper near the starting line of the Boston Marathon. Courtesy of Natalie Daniels Advertisement 'This was the antithesis of why I signed up — which is to celebrate my female body and to compete in a meaningful way with other women,' Daniels said. 'During pregnancy, this became more important to me.' She was inspired to reach out to XX-XY, an apparel company that was founded on keeping women's sports female. 'I said, 'Hey, if you guys came up with a Boston special singlet, I would wear it proudly,'' Daniels recalled. She also agreed to do an interview with the brand, published on YouTube, in which she discussed her common sense views about biology and fair competition. She thought maybe 100 people would see it. But things exploded when Olympic runner Nikki Hiltz — a biological woman who identifies as trans and nonbinary and who competes in the female category — made a snarky rebuttal video that went viral. Advertisement 6 Olympic runner Nikki Hiltz, who identifies as a trans and nonbinary, blasted Daniels for speaking up about fairness in women's sports. Getty Images 'I thought the whole point of a marathon was to get the best out of yourself. And can I have fun along the way … ' Hiltz says in the video, posted on Tiktok. 'Are you mad because, instead of 900th [place], you're going to take 901 because a trans woman maybe beats you?' Daniels, who actually came in 110th in the women's division in Boston, feels Hiltz was diminishing amateur runners: 'She was saying competition doesn't matter and integrity in your sport doesn't matter.' Daniels' Instagram quickly filled up with harassing comments and strangers started liking data from her Strava app, which shows running locations, to 'intimidate' her. On the Saturday before the race, her coach suggested she not wear the club's uniform for her own safety. 6 Natalie Daniels and her son Cooper pick up her race bib for the Boston Marathon. Courtesy of Natalie Daniels He also asked her to make a 'clarifying statement' to the club. Daniels said she told them she apologized if she had made people upset. But she did not apologize for her view that women's sports should be for biological women. She also agreed not to post anything else on Instagram about it. But she was active on X 'because people were being nice. It was an emotional boost.' Advertisement Daniels declines to name the club because she doesn't want people to target them. Instead, she wants 'to show that speaking your mind about fairness will still come at a personal cost.' The day after the race, her club — which she has belonged to for over a year — asked her to make a public declaration essentially rebuking her views. 6 Natalie Daniels celebrates finishing the Boston Marathon in under three hours. Courtesy of Natalie Daniels Daniels declined. But after Sey shared her story on X on April 23, she received an email dismissing her from the club. Advertisement 'There is a distinction between good faith discussions regarding transgender and non-binary individuals in competitive sports versus bullying, harassing, diminishing and dehumanizing individuals,' the letter read. It also claimed that Daniels 'repeatedly and purposely' misgendered Hiltz, a biological woman, by referring to the runner as a woman. 'Instead of engaging, they sent this email to say I didn't operate in good faith … It feels like a policing of thought,' Daniels said. Another member of the run club told me that the situation was handled improperly — adding that Daniels is one of the more popular females in the club and some other runners agreed with her. Advertisement 6 Jennifer Sey, founder of XX-XY Athletics, is teaming up with Daniels to launch an online running community. Penske Media via Getty Images 'They threw the book at her when they could have easily recognized her right to express her own opinions independently of the club,' the member said. The club has a right to maintain membership as they see fit. But they are shutting down meaningful debate about fairness in women's sports by calling it bullying. Recognizing biology is not bullying. Banishing someone for beliefs that align with close to 80% of Americans? Yeah, that feels more compatible with the b word. Advertisement Now that Daniels is a free agent, she's planning to launch an online running community with Sey and XX-XY. She said she has thought a lot about her decision to speak out and the impact it's had on her life. And she has no regrets. 'I've seen middle schoolers and teenage athletes take a knee [to protest competing against biological males]. I keep thinking, 'Where are the adults?'' Daniels said. 'And I am the adult now. I should say something. And I did.'
Fox News
16-04-2025
- Sport
- Fox News
Fencer reveals difficulties after taking stand on trans inclusion in women's sports
Fencer Stephanie Turner spoke out about some of the difficulties that came with her decision to take a knee in protest of competing against a transgender athlete during a competition. Turner was honored as the Courage Wins Champion by XX-XY Athletics following the decision, which led to her expulsion from the event and a USA Fencing investigation. She appeared on OutKick's "Gaines for Girls" podcast with Riley Gaines to talk about the award and opened up about coming out against trans inclusion in women's sports. "There are quite a lot of women who are witnessing men in their sports, and they are trying to save their own sports on their own, and it's hard to come out because you essentially nuke your whole life," she said. "You can face social ostracism, you can have financial blowback, you can have training disrupted, and you could have officials or referees now not being very favorable toward you for the rest of your life. "There's no end to the backlash that you may face, or you could have threats on your life like I know in your case you have had such things happen to you. So, it's not fun being on the receiving end of this. It's not what I wanted to do, and it helps to have people who acknowledge that, that it takes some sort of sacrifice to bring attention to an issue and I appreciate XX-XY for their acknowledgment." USA Fencing told Fox News Digital that Turner is now on probation for the next 12 months after receiving a black card for the forfeit. She can still compete in events under the probation but is choosing not to. "I'm going to be taking a break from fencing for a while in the U.S. circuit, so that's a little bit of a disruption for me… It has disrupted my training, it has disrupted my interactions when I go out in public, and it will certainly disrupt my competition because I won't be competing in the United States any time soon," she told Fox News Digital when asked if her expectation that taking the knee would "destroy her life," came true. Instead, Turner will focus on her new mission in the movement to ban trans athletes from women's sports. "I will remain in the public eye for as long as it takes to resolve this," she said. Follow Fox News Digital's sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.
Fox News
07-04-2025
- Sport
- Fox News
Fencer Stephanie Turner receives honor for courage after refusal to compete against trans athlete
Female fencer Stephanie Turner was honored as a Courage Wins Champion for her decision to take a knee instead of competing against a biological male during an event earlier this month. XX-XY Athletics announced Turner as the award winner on Monday. "By taking a knee, she became more powerful than any male. She stood her ground to fight for women's sports," XX-XY Athletics founder Jennifer Sey said in a news release. "She's a hero." Turner will receive $5,000 and be entered into a leadership program. Sey announced the award on Fox News Channel's "America Reports." "We aim to take the sting out of monetary cancelation and platform these women and bring them on board," she said. "They have community. They have support. They will not stand alone." Turner refused to compete against trans competitor Redmond Sullivan at the Cherry Blossom Open. Turner received a black card for her decision to take a knee, leading to her expulsion from the tournament for serious infractions or unsportsmanlike behavior. "I knew what I had to do because USA Fencing had not been listening to women's objections regarding [its gender eligibility policy]," Turner told Fox News Digital in an interview last week. "I took a knee immediately at that point. Redmond was under the impression that I was going to start fencing. So, when I took the knee, I looked at the ref, and I said, 'I'm sorry, I cannot do this. I am a woman, and this is a man. And this is a women's tournament. And I will not fence this individual.'" USA Fencing defended its trans-inclusion policy in wake of the protest. "USA Fencing remains committed to fostering an inclusive, respectful community for everyone in our sport. We believe in the principle of creating safe communities where all athletes, and community members, have a place," the statement read. "While we understand there are a range of perspectives, USA Fencing will continue to engage in respectful, research-based dialogue and review as policy evolves in the Olympic and Paralympic movement as well as domestic law, hate speech of any kind is not acceptable—online or in person. Let's keep the conversation respectful and the strip welcoming to all." Follow Fox News Digital's sports coverage on X and subscribe to the Fox News Sports Huddle newsletter.
