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Fox News
28-05-2025
- Business
- Fox News
Activist sportswear brand sues Colorado, accuses state of censoring its message
Print Close By Jackson Thompson Published May 27, 2025 EXCLUSIVE: 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. 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. CLICK HERE FOR MORE SPORTS COVERAGE ON "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. 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." COLORADO SCHOOL DISTRICT SUING STATE OVER POLICY THAT ALLOWS TRANS ATHLETES IN GIRLS SPORTS 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. "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." CLICK HERE TO GET THE FOX NEWS APP 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. Follow Fox News Digital's sports coverage on X , and subscribe to the Fox News Sports Huddle newsletter . Print Close URL
Fox News
24-05-2025
- Sport
- Fox News
New mom marathoner says Olympian helped spark threats and hate against her for opposing trans inclusion
On April 19, U.S. Olympic middle distance runner Nikki Hiltz posted a TikTok video that included footage of an interview with women's marathon runner Natalie Daniels. The post came just two days before Daniels was set to compete in the Boston Marathon, and just six months after she gave birth to her first child. Hiltz's TikTok opened with a clip of Daniels sharing how she considered not competing in the marathon because biologically male trans athletes would be competing in the women's field. The clip was originally from a promotional interview with the activist sportswear brand XX-XY Athletics. In the same post on the popular social media platform, Hiltz encouraged Daniels to drop out because of her concerns about trans inclusion, while disagreeing with the new mother's stance against it. For Hiltz, the post was in line with the athlete's regular TikTok content, which often shows the Olympian promoting pro-transgender beliefs and arguing against opposition to trans inclusion in sports. Hiltz is a biologically female athlete who competes in the women's category, while identifying as transgender and non-binary. Soon after Hiltz's TikTok post went live, the reaction from it was aimed at Daniels, who said many of Hiltz's followers and fans began to send her startling messages. "I didn't think there would be this rabid cruelty," Daniels told Fox News Digital of the response she received from the interview. "People were trying to find us when we were in Boston." Daniels alleges one person told her, "'I live in Boston, and if I see you on the street, I'm going to hunt you down.'" The new mother said the worst alleged comment she saw was from a person who said, "'I hope that your son comes out as trans and never speaks to you again.'" Her son was only six months old at the time. Daniels said she ultimately takes responsibility for the messages directed towards her and her family. Still, she cited Hiltz's TikTok for contributing to the backlash. "[Hiltz] has freedom of speech also. So [Hiltz's] opinion is just as valid to be shared as mine is," Daniels said. "I think [Hiltz] encouraged a pile-on that got really out of hand, probably, I think, very quickly … I think the fact that [Hiltz] didn't do anything about it is unsurprising. "I think I'm ultimately responsible for what I said. And I know that what I said was said out of love and a desire to continue supporting and encouraging women and women's sports." Still, it didn't make the experience any easier for Daniels. "The very hateful messages were upsetting. There were a few times where I would just be, I don't want to cry, but a few times I would just start crying," she said. "And I would tell my husband, 'I'm sorry, it's just like a lot, it's a lot to deal with, to have people being like 'You're this evil hateful bigot,' or 'You're stupid.'" "Instead of having this very rational engagement, they went straight to threats and violence." Fox News Digital reached out to Hiltz's talent agency, Hawi Management, for a response. When the day of the Boston Marathon came, April 21, Daniels was prepared for potential attacks and heckling against her on the course after getting messages warning her of it, she alleges. But instead, she only ever heard roaring chants of support, she claims. She even had one of her best finishes, reaching the finish line in 2:50:04 in 110th place. The love continued on social media, as she saw an outpouring of praise and respect that eventually overshadowed the support she was getting for standing up for women's sports and appearing in the XX-XY Athletics interview to begin with. For Daniels, it helped validate a decision that she made, partially due to the experience of becoming a new mother. Daniels said that during her pregnancy, a trip to an obstetrician included a survey that assumed the only reason she was pregnant was due to failed birth control, and not her own intentions. "In society, I just feel like there is this reductive definition of what it means to be a woman, and what it means to be a woman is basically one thing, and it's access to abortion. And in our culture, that just kinda seems like that's all any of us are supposed to care about," Daniels, a native of Virginia, said. She added that the survey, and the growing cultural stigmatization of pregnancy, fed right into her passion for protecting female athletes from trans inclusion as well. "I know those things may be different things, but it all ties into this dehumanization of women. To me it feels like in this culture, in this political climate, womanhood is this incredibly nebulous, undefinable thing," she added. The decision earned Daniels praise and support during the marathon and online but not from her running club, Light Horse Track Club in Washington, D.C., which she alleges was more aligned with Hiltz than her. Daniels said she was confronted by the decision to appear in the XX-XY Athletics interview by the club's leadership. Daniels said she offered to make a statement clarifying that her stance wasn't meant to attack trans people for their identities, but to stand up for women like herself. But that wasn't going to be enough, she said. She alleges they offered to let her continue running for the club if she would issue an apology and publicly recognize the ability for a biological male to become a woman, which she refused to do. Daniels alleges that she was told by the club that in order to appease its directors, she had to share a statement on social media that read: "'I now understand that a person can take hormones and surgery, and they can become a woman.'" "I was like, 'I am not going to do that. I cannot do that…' It goes completely against my Christian values," she said. "It goes completely against what I know about how God works." Daniels said she then found out about her removal from the team via a text message and email from the board while she was sitting on her patio. So now, she is starting her own running club with XX-XY Athletics and founder Jennifer Sey. And while she is still adjusting to the regular online hate, and even the occasional heckle from spectators at competitions, Daniels said she is looking forward to raising her family and embracing her new role in the movement to keep trans athletes out of women's sports. The Light Horse Track Club did not immediately respond to Fox News Digital's request for comment. Follow Fox News Digital's sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.
