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Advancing American Freedom led a coalition of 21 co-amici filing amicus briefs in three consolidated cases challenging Colorado’s antidiscrimination law which compels private use of preferred pronouns and names in the context of public accommodations. The cases are Defending Education v. Sullivan, Committee of Five v. Sullivan, and Doxa Enterprises v. Sullivan.
Amended in 2025, the Colorado Anti-Discrimination Act makes places of public accommodation liable to civil and criminal penalties should they refuse to parrot the state’s views on gender and sex. Plaintiffs reasonably fear that not using a transgender-identifying person’s preferred name or using biologically accurate pronouns could expose them to legal penalties under the Act.
The Constitution prohibits the state from deciding what speech may or may not be expressed. Colorado cannot penalize its citizens merely because they dissent from its gender ideology. We urge the Tenth Circuit to grant the plaintiffs’ request for a preliminary injunction.
“Doubling and tripling down on their progressive gender ideology, the left continues to defend policies that endanger women’s sports, sideline parents from critical decisions in their children’s lives, and target individuals or organizations that refuse to parrot the left’s view on sex and gender. Unsurprisingly, Americans feel compelled to speak out against these injustices,” said AAF General Counsel J. Marc Wheat. “The Constitution is clear that neither the federal government nor any state government can compel the people to mouth the preferred views of the regime. The Tenth Circuit should direct the district court to enter Plaintiffs-Appellants requested preliminary injunction.”