Speaker 1: Third hour, it's going so quickly. Well, I want to
Speaker 1: just jump right into this because, as many know, there
Speaker 1: were several i'll just say extreme bills that came out
Speaker 1: of the legislature this year. One of them that got
Speaker 1: a ton of attention was thirteen twelve, and in fact,
Speaker 1: we had a town hall about that.
Speaker 2: The head over one hundred thousand views.
Speaker 1: That was the bill that changes the Colorado Anti Discrimination Acts,
Speaker 1: calling misgendering dead naming things like that discrimination. The portion
Speaker 1: that would have taken custody away from parents of a
Speaker 1: child if they did not agree with the transitioning was
Speaker 1: taken out for now, but it's still fundamentally infringes on
Speaker 1: freedom of speech. And my next guest is at the
Speaker 1: forefront of a lawsuit challenges challenging this. She was also
Speaker 1: at that town hall, and that is Jennifer Say. She's
Speaker 1: an author, business executive, retired national champion gymnast and the
Speaker 1: founder and executive of Xxxy Clothing Company, of which I
Speaker 1: have many pieces of apparel, along with Suzanne Beecher, who
Speaker 1: is with Alliance depending Freedom. Ladies, thank you so much
Speaker 1: for joining me. I appreciate it.
Speaker 3: Thank you for having for having us.
Speaker 2: You got it. Well, Jennifer, you and I've talked about this.
Speaker 4: Tell us a.
Speaker 1: Little bit about the reason for your company to start with,
Speaker 1: and then how that intersects with thirteen twelve and this
Speaker 1: change to the Color Anti Discrimination Act.
Speaker 4: Well, we started the brand about a year ago, just
Speaker 4: a little a year and two months ago, and we're
Speaker 4: really the only athletic brand that I think is truly
Speaker 4: empowering female athletes and fighting to protect women's sports. This
Speaker 4: is obviously an issue in the public eye right now.
Speaker 4: We talk a lot about it as a brand. We
Speaker 4: talk about all the instances of boys and men winning
Speaker 4: in women's sports, and I feel very strongly we use
Speaker 4: accurate language in doing so. You know, we don't use
Speaker 4: quote unquote preferred pronouns. We say he when it's a
Speaker 4: male winning girls track and field medals, we call a
Speaker 4: b Hernandez, the California track athlete who won two goals
Speaker 4: in their state championship league call him he. And this
Speaker 4: is in you know, this is indirect violation of the bill,
Speaker 4: which would consider that to be a discriminatory language. I
Speaker 4: feel that it's truthful language, and it's really important otherwise
Speaker 4: the issue gets the rate. If I can't call a
Speaker 4: b hernandez a he, and I refer to him as
Speaker 4: a she, then there's no issue with him competing in
Speaker 4: women's sports. So yeah, I mean, I just that's been
Speaker 4: a problem all along, is these insitious ideas have been
Speaker 4: has infiltrated our language, and that is why we are
Speaker 4: where we are. And so I'm just sort of very
Speaker 4: firmly on the side of using truthful, accurate language, and
Speaker 4: the still wides in the face of that, And so
Speaker 4: I felt like it was very important for us to
Speaker 4: push back and for free speech for Colorado's and for
Speaker 4: all Americans.
Speaker 1: Well, and you pointed out how crazy this gets to
Speaker 1: be when you cannot actually speak freely, which is what
Speaker 1: this thirteen twelve still has a remainder in it, which
Speaker 1: is a violating free speech. To your point, if we're
Speaker 1: talking about, you know, boys in girls sports and in Colorado,
Speaker 1: that would now be called discrimination. We would have to
Speaker 1: say I'm against girls in girls sports.
Speaker 3: It's so stupid. I mean, you know, we.
Speaker 4: Were permanently banned from TikTok last June for something similar
Speaker 4: an ad. In an ad that we launched with last March,
Speaker 4: we say, if you think it isn't fair, or safe
Speaker 4: for boys to compete in girls sports.
Speaker 3: And TikTok decided that that.
Speaker 4: Was hate speech and that it was discriminatory, and we've
Speaker 4: been permanently banned from advertising. I answer our account manager
Speaker 4: when we were going back and forth on it, what
Speaker 4: would you have me say if you think it didn't
Speaker 4: bear or safe for girls to compete in girl sports.
Speaker 3: No one disagrees with that.
Speaker 4: That's ludicrous. It erases the issue entirely.
Speaker 3: We can't do it right.
Speaker 4: The firm on the language so we can actually have
Speaker 4: the necessary conversation that needs to be had to protect
Speaker 4: girl sports well.
Speaker 1: And particularly because Title nine in the very first place
Speaker 1: was to create an even playing field for girls to
Speaker 1: be able to compete, not against boys in their own field.
Speaker 1: So it is pretty inane anyone that's listening, This is
Speaker 1: not hate speech. I love what you know it said.
Speaker 1: Biology is not bigotry. It's not hate speech. To say
Speaker 1: we stand against boys, you know, playing in girls' sports
Speaker 1: and not being forced to say we're against girls in
Speaker 1: girls' sports. That's nonsensical, to say the least. Susanne Aliance
Speaker 1: Defending Freedom has taken stands once time and time again.
Speaker 1: It seems like I know at least two cases obviously against.
Speaker 2: The Colorado Civil Rights.
Speaker 1: Commission, And now this is a change to the Colorado
Speaker 1: Anti Discrimination Act basically mandating force speech whether or not
Speaker 1: you believe in it.
Speaker 2: How is this different? Discrimination previously was always considered to
Speaker 2: be an action, not speech.
Speaker 1: Can you address that that point?
Speaker 3: Yeah, So this is like you're saying, this is an
Speaker 3: anti discrimination amendment, that's really a censorship of speech. So
Speaker 3: they're couching it as an anti discrimination law, but really
Speaker 3: what's happening here is censorship of speech and compelled speech. So,
Speaker 3: like Jennifer saying, the mission of their company is to
Speaker 3: speak the truth and to advocate for women's force, and
Speaker 3: to be able to do that, they need to be
Speaker 3: able to use biologically accurate language. But Colorado is trying
Speaker 3: to force XXXY and businesses like them to instead speak
Speaker 3: Colorado message rather than the message that is consistent with
Speaker 3: their mission. You know that sex is binary, biological, and immutable,
Speaker 3: and this is a clear First Amendment violation, and it's
Speaker 3: silencing one side of the debate on the gender issue,
Speaker 3: which is at the heart of society. And so that's
Speaker 3: really harmful discipil society when you're when Colorado is passing
Speaker 3: laws like this that are silencing issues that are important
Speaker 3: to public discourse.
Speaker 1: Yeah, And I think what's interesting is it's one of
Speaker 1: those laws that I don't see a reason for it.
Speaker 1: There's already protection for adults to live their lives the
Speaker 1: way that they want for, you know, and once again,
Speaker 1: what you're standing for, Jennifer.
Speaker 2: Does not stop an adult human.
Speaker 1: Being from you know, identifying however they want to, dressing
Speaker 1: however they want to live in their lives however they
Speaker 1: want to. We're talking about free speech here. And what
Speaker 1: I think is interesting is obviously this had such huge
Speaker 1: national attention because of the custody meant, but this is
Speaker 1: just as egregious. What would happen to your business if
Speaker 1: this is allowed to stand?
Speaker 4: Or you per se, well, we're in violations the bill.
Speaker 4: Every single day, every ad we put out, we use
Speaker 4: accurate biological descriptors and pronouns. When I do appearances like
Speaker 4: this one or you know, other national appearances, I always
Speaker 4: use correct, accurate language to describe the issue. You know,
Speaker 4: I don't know, Susan, what will happen to me? I mean,
Speaker 4: it would make us, it would sort of obliterate the
Speaker 4: mission of our business. It would make us, you know,
Speaker 4: unable to speak the truth and be out here defending
Speaker 4: women's sports, which from a business perspective is what also
Speaker 4: makes us unique, and it's why people are leaning in
Speaker 4: to support this brand. You know, whenever we do customer surveys,
Speaker 4: that's what they tell us. You're taking us stand to
Speaker 4: protect women's sports. You're taking a stand for women and girls,
Speaker 4: You're taking a stand for truth, and so it really
Speaker 4: it makes it nearly impossible, Yeah, do business, at least
Speaker 4: in our current state.
Speaker 2: Yeah.
Speaker 1: Absolutely, And I love that you have said that you're
Speaker 1: going to stand and fight for Colorado. I am too,
Speaker 1: it's my home. I believe that we can turn these
Speaker 1: things around. And I find it interesting because the majority
Speaker 1: of Americans, whether they're Republican or Democrat, left or right,
Speaker 1: agree that girls' sports should only be for girls. I'm
Speaker 1: going to use this language now that boys should not
Speaker 1: be allowed to compete against girls.
Speaker 2: We've seen what happens.
Speaker 1: We've seen dreams, hard work, titles, motivation, even safety at
Speaker 1: times taken away from these young women who have given
Speaker 1: so much time for these sports. Where we have a
Speaker 1: short period here before we go Suzanne.
Speaker 2: What is the status of the case of your lawsuit.
Speaker 3: We recently file the complaint in the lawsuit, and we
Speaker 3: are planning to request preliminary relief, which would block the
Speaker 3: enforcement of the law against against XXXY while the court
Speaker 3: is deciding the issue, so while the lawsuit is pending.
Speaker 3: But you never don't really know on the timeline for lawsuits,
Speaker 3: so we hope that a decision on that will be happening, well,
Speaker 3: happen quickly. Yeah.
Speaker 1: Absolutely. Well, when we come back, I'm going to read
Speaker 1: some of the comments and talk about that. But Jennifer,
Speaker 1: You've never been one who has been afraid to stand up,
Speaker 1: and I appreciate your continue to do this.
Speaker 2: And I want to let you know I did wear my.
Speaker 1: Xx XY baseball cap all over DC last week when
Speaker 1: I wasn't in a suit. So thanks for the stand
Speaker 1: Thanks for taking this fight not just for people who
Speaker 1: agree with you, but for everyone.
Speaker 2: That's the point.
Speaker 3: It is for everyone.
Speaker 4: Yep, it's for everyone. Yeah, to America, we still have
Speaker 4: free speech. We're supposed to.
Speaker 2: Yeah.
Speaker 1: Absolutely, thank you ladies for joining us. I really appreciate it.
Speaker 3: Thank you, thank you so much.
Speaker 1: Absolutely, when we come back, I'm going to read some
Speaker 1: of these comments five six six nine zero want to
Speaker 1: hear from you, and when we come back, we'll talk
Speaker 1: about that and a lot of other things. As we
Speaker 1: wind up this first hour, this last hour taper, Flora
Speaker 1: is hitting in for Mandy Connell.