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Active U.S. Courts of Appeals

XX-XY Athletics v. Sullivan

XX-XY Athletics Founder Jennifer Sey

Summary

An athletic apparel company is challenging a Colorado law that restricts the company’s ability to speak truthfully about the biological differences between men and women.

Case Timeline

  • May 2025: Colorado enacted a new law that amends the Colorado Anti-Discrimination Act to include “chosen name” and “how an individual chooses to be addressed” within the definition of “gender expression.” Later that month, ADF attorneys filed a lawsuit challenging the new law.
  • March 2026: A district court denied XX-XY Athletics’s motion for preliminary injunction.
  • April 2026: ADF attorneys appealed the district court’s ruling to the U.S. Court of Appeals for the 10th Circuit.
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