Third hour, it's going so quickly. Well, I want to just jump right into this because, as many know, there were several i'll just say extreme bills that came out of the legislature this year. One of them that got a ton of attention was thirteen twelve, and in fact, we had a town hall about that.
The head over one hundred thousand views.
That was the bill that changes the Colorado Anti Discrimination Acts, calling misgendering dead naming things like that discrimination. The portion that would have taken custody away from parents of a child if they did not agree with the transitioning was taken out for now, but it's still fundamentally infringes on freedom of speech. And my next guest is at the forefront of a lawsuit challenges challenging this. She was also
at that town hall, and that is Jennifer Say. She's an author, business executive, retired national champion gymnast and the founder and executive of Xxxy Clothing Company, of which I have many pieces of apparel, along with Suzanne Beecher, who is with Alliance depending Freedom. Ladies, thank you so much for joining me. I appreciate it.
Thank you for having for having us.
You got it. Well, Jennifer, you and I've talked about this.
Tell us a.
Little bit about the reason for your company to start with, and then how that intersects with thirteen twelve and this change to the Color Anti Discrimination Act.
Well, we started the brand about a year ago, just a little a year and two months ago, and we're really the only athletic brand that I think is truly empowering female athletes and fighting to protect women's sports. This is obviously an issue in the public eye right now. We talk a lot about it as a brand. We talk about all the instances of boys and men winning in women's sports, and I feel very strongly we use accurate language in doing so. You know, we don't use
quote unquote preferred pronouns. We say he when it's a male winning girls track and field medals, we call a b Hernandez, the California track athlete who won two goals in their state championship league call him he. And this is in you know, this is indirect violation of the bill, which would consider that to be a discriminatory language. I feel that it's truthful language, and it's really important otherwise
the issue gets the rate. If I can't call a b hernandez a he, and I refer to him as a she, then there's no issue with him competing in women's sports. So yeah, I mean, I just that's been a problem all along, is these insitious ideas have been has infiltrated our language, and that is why we are
where we are. And so I'm just sort of very firmly on the side of using truthful, accurate language, and the still wides in the face of that, And so I felt like it was very important for us to push back and for free speech for Colorado's and for all Americans.
Well, and you pointed out how crazy this gets to be when you cannot actually speak freely, which is what this thirteen twelve still has a remainder in it, which is a violating free speech. To your point, if we're talking about, you know, boys in girls sports and in Colorado, that would now be called discrimination. We would have to say I'm against girls in girls sports.
It's so stupid. I mean, you know, we.
Were permanently banned from TikTok last June for something similar an ad. In an ad that we launched with last March, we say, if you think it isn't fair, or safe for boys to compete in girls sports.
And TikTok decided that that.
Was hate speech and that it was discriminatory, and we've been permanently banned from advertising. I answer our account manager when we were going back and forth on it, what would you have me say if you think it didn't bear or safe for girls to compete in girl sports.
No one disagrees with that.
That's ludicrous. It erases the issue entirely.
We can't do it right.
The firm on the language so we can actually have the necessary conversation that needs to be had to protect girl sports well.
And particularly because Title nine in the very first place was to create an even playing field for girls to be able to compete, not against boys in their own field. So it is pretty inane anyone that's listening, This is not hate speech. I love what you know it said. Biology is not bigotry. It's not hate speech. To say we stand against boys, you know, playing in girls' sports and not being forced to say we're against girls in
girls' sports. That's nonsensical, to say the least. Susanne Aliance Defending Freedom has taken stands once time and time again. It seems like I know at least two cases obviously against.
The Colorado Civil Rights.
Commission, And now this is a change to the Colorado Anti Discrimination Act basically mandating force speech whether or not you believe in it.
How is this different? Discrimination previously was always considered to be an action, not speech.
Can you address that that point?
Yeah, So this is like you're saying, this is an anti discrimination amendment, that's really a censorship of speech. So they're couching it as an anti discrimination law, but really what's happening here is censorship of speech and compelled speech. So, like Jennifer saying, the mission of their company is to speak the truth and to advocate for women's force, and to be able to do that, they need to be
able to use biologically accurate language. But Colorado is trying to force XXXY and businesses like them to instead speak Colorado message rather than the message that is consistent with their mission. You know that sex is binary, biological, and immutable, and this is a clear First Amendment violation, and it's silencing one side of the debate on the gender issue,
which is at the heart of society. And so that's really harmful discipil society when you're when Colorado is passing laws like this that are silencing issues that are important to public discourse.
Yeah, And I think what's interesting is it's one of those laws that I don't see a reason for it. There's already protection for adults to live their lives the way that they want for, you know, and once again, what you're standing for, Jennifer.
Does not stop an adult human.
Being from you know, identifying however they want to, dressing however they want to live in their lives however they want to. We're talking about free speech here. And what I think is interesting is obviously this had such huge national attention because of the custody meant, but this is just as egregious. What would happen to your business if this is allowed to stand?
Or you per se, well, we're in violations the bill. Every single day, every ad we put out, we use accurate biological descriptors and pronouns. When I do appearances like this one or you know, other national appearances, I always use correct, accurate language to describe the issue. You know, I don't know, Susan, what will happen to me? I mean, it would make us, it would sort of obliterate the
mission of our business. It would make us, you know, unable to speak the truth and be out here defending women's sports, which from a business perspective is what also makes us unique, and it's why people are leaning in to support this brand. You know, whenever we do customer surveys, that's what they tell us. You're taking us stand to
protect women's sports. You're taking a stand for women and girls, You're taking a stand for truth, and so it really it makes it nearly impossible, Yeah, do business, at least in our current state.
Yeah.
Absolutely, And I love that you have said that you're going to stand and fight for Colorado. I am too, it's my home. I believe that we can turn these things around. And I find it interesting because the majority of Americans, whether they're Republican or Democrat, left or right, agree that girls' sports should only be for girls. I'm going to use this language now that boys should not be allowed to compete against girls.
We've seen what happens.
We've seen dreams, hard work, titles, motivation, even safety at times taken away from these young women who have given so much time for these sports. Where we have a short period here before we go Suzanne.
What is the status of the case of your lawsuit.
We recently file the complaint in the lawsuit, and we are planning to request preliminary relief, which would block the enforcement of the law against against XXXY while the court is deciding the issue, so while the lawsuit is pending. But you never don't really know on the timeline for lawsuits, so we hope that a decision on that will be happening, well, happen quickly. Yeah.
Absolutely. Well, when we come back, I'm going to read some of the comments and talk about that. But Jennifer, You've never been one who has been afraid to stand up, and I appreciate your continue to do this.
And I want to let you know I did wear my.
Xx XY baseball cap all over DC last week when I wasn't in a suit. So thanks for the stand Thanks for taking this fight not just for people who agree with you, but for everyone.
That's the point.
It is for everyone.
Yep, it's for everyone. Yeah, to America, we still have free speech. We're supposed to.
Yeah.
Absolutely, thank you ladies for joining us. I really appreciate it.
Thank you, thank you so much.
Absolutely, when we come back, I'm going to read some of these comments five six six nine zero want to hear from you, and when we come back, we'll talk about that and a lot of other things. As we wind up this first hour, this last hour taper, Flora is hitting in for Mandy Connell.