| AI Summary |
This bill expands legal protections and policies in Colorado for individuals, especially minors, receiving or affirming gender identity and expression, particularly in cases of family law, education, and public accommodations. It addresses coercive control, chosen names, misgendering, deadnaming, and out-of-state child removal laws related to gender-affirming care.
Key Provisions by Section
SECTION 1: Short Title
- Names the act the “Kelly Loving Act,” honoring a transgender woman killed in 2022, symbolizing support for trans rights.
SECTION 2: Family Law (C.R.S. § 14-10-124)
- Expands the definition of "coercive control" in child custody and domestic violence cases to include:
- Threats involving gender-affirming health care
- Threats of deportation
- Deadnaming (using someone’s birth name against their wishes)
- Misgendering (intentionally using incorrect pronouns)
- Adds coercive control to custody evaluations as a factor courts must consider in parenting time decisions.
SECTION 3: Parental Rights and Out-of-State Laws
- Prohibits Colorado courts from:
- Recognizing or enforcing court orders from other states that remove children from parents for helping them receive gender-affirming health care.
- Applies non-recognition of foreign judgments if the reason is parental support of such care.
SECTION 4–6: School District Policies
- Chosen Names in Schools (22-1-145.5):
- Requires any policy related to students’ chosen names to be inclusive of all reasons a student might adopt a new name.
- Dress Codes (22-1-148, 22-32-109.1):
- Dress codes must not be based on gender and must allow students to choose variations that reflect their identity.
SECTION 7: Use of Chosen Names by Public Entities
- Public forms must allow individuals to provide both legal and chosen names.
- Public entities must use the chosen name on future forms unless legally required otherwise.
SECTION 8: Legal Definitions
Adds clear definitions for:
- Chosen Name: Reflects gender identity or expression
- Deadname: Purposefully using someone’s former name with intent to disregard identity
- Misgender: Intentionally using incorrect pronouns or titles with the same intent
SECTION 9: Public Accommodations (24-34-601)
- Declares it unlawful discrimination to publish materials that intentionally deadname or misgender someone in places of public accommodation (e.g., media, services).
- Failure to honor a pre-publication request for correct name/pronouns may be used as evidence of discriminatory intent.
SECTION 10: Safety Clause
- Declares the law immediately necessary for the preservation of public health, peace, and safety.
Summary
The Kelly Loving Act reinforces Colorado’s position as a sanctuary for gender-affirming care and expands protections across family law, education, and public life. It strengthens legal definitions around identity-based harassment and ensures that gender-diverse individuals—especially youth—are recognized and protected in schools, homes, courts, and public institutions.
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| Summary |
Section 1 of the bill creates the Kelly Loving Act.
Section 2 provides that, when making child custody decisions and
determining the best interests of a child for purposes of parenting time,
a court shall consider deadnaming, misgendering, or threatening to
publish material related to an individual's gender-affirming health-care
services as types of coercive control. A court shall consider reports of
coercive control when determining the allocation of parental
responsibilities in accordance with the best interests of the child.
Section 3 prohibits a Colorado court from applying or giving any
force or effect to another state's law that authorizes a state agency to
remove a child from the child's parent or guardian because the parent or
guardian allowed the child to receive gender-affirming health-care
services.
Section 4 provides that, if a local education provider, an educator,
or a contractor chooses to enact or enforce a policy related to chosen
names, that policy must be to make the policy inclusive of all reasons that
a student might adopt a chosen name that differs from the student's legal
name.
Sections 5 and 6 provide that a dress code adopted or
implemented by a local education provider must not create or enforce any
rules based on gender and must allow each student to abide by any
variation of the dress code.
Section 7 provides that, when an individual is required to provide
their name through a form administered by a public entity, the form must
include an option to provide the individual's legal name and chosen name.
If the individual provides a chosen name that is different from the
individual's legal name, the chosen name must be used on all subsequent
forms administered by the public entity.
Sections 8 and 9 define deadnaming and misgendering as
discriminatory acts in the Colorado Anti-Discrimination Act, and
prohibit these discriminatory acts in places of public accommodation.
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