Activist sportswear brand sues Colorado, accuses state of censoring its message

Marathon runner Natalie Daniels speaks out against the inclusion of trans athletes in women's sports on 'America Reports.'

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.

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"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