Advocacy groups throughout the conservative commentary ecosystem have pushed to get these leagues on record about transgender athlete participation, without success.

Now, these groups are moving beyond just trying to get athlete eligibility questions on record. XX-XY Athletics, the sports apparel group that has used Cunningham’s comments as a way get its brand in front of cameras at WNBA games, is suing Colorado in court saying its state anti-discrimination law prevents the company from marketing its apparel using trans athletes’ deadnames and misgendering them deliberately. The company is at least partially bankrolled by a prominent conservative couple in Colorado with deep ties in Republican politics. The company’s face and CEO, Jennifer Sey, a Bay Area resident, was a national champion gymnast before she gained a following online arguing against COVID school closures and vaccine mandates.