Businesses Argue State Gender Law Violates Free Speech and Religious Freedom
A Christian bookstore and a women’s athletic apparel company are asking a federal appeals court to block a Colorado law they say forces them to speak against their beliefs about biological sex.
Alliance Defending Freedom (ADF) filed appeals on behalf of XX-XY Athletics and Born Again Used Books after a lower court declined to temporarily stop enforcement of the law.
At issue is Colorado’s HB 25-1312, which expands the state’s anti-discrimination law to require businesses to use a person’s chosen name and preferred form of address, including gender identity-related pronouns.
ADF argues the law violates the First Amendment by compelling speech. XX-XY Athletics says its brand is built on the belief that “men are men, women are women,” while Born Again Used Books says its Christian faith requires employees to speak according to biological sex.
The appeal comes shortly after the U.S. Supreme Court ruled in Chiles v. Salazar, reaffirming that the government cannot suppress speech based on viewpoint.
The cases are now before the 10th U.S. Circuit Court of Appeals.
