A coalition of advocacy groups has filed a lawsuit against the state of Colorado, challenging a newly enacted law that expands anti-discrimination protections related to gender identity. The law, House Bill 25-1312, requires the use of individuals’ chosen names and pronouns, raising concerns about free speech, parental rights, and professional autonomy.
The lawsuit, filed Monday by Defending Education in collaboration with Colorado Parent Advocacy Network, Protect Kids Colorado, Do No Harm, and dermatologist Dr. Travis Morrell, contests the constitutionality of the law. The bill, signed into law last Friday by Governor Jared Polis, is officially titled the “Kelly Loving Act.”
What the Law Mandates
House Bill 25-1312 aims to enhance inclusivity in schools and public institutions by ensuring individuals are addressed according to their self-identified names and pronouns. It mandates that school policies accommodate all reasons a student may choose a different name and affirms students’ rights to choose among all dress code options.
The bill builds upon the existing Colorado Anti-Discrimination Act, which already protects individuals based on traits such as gender expression. However, critics of the new law argue that it goes a step further by compelling speech and potentially punishing individuals who hold differing beliefs.
Core of the Legal Challenge
Nicki Neily, founder and president of Defending Education, asserts that the law forces individuals to adopt government-approved speech. “Citizens cannot be forced to say what the government wants them to say. That’s why we have a First Amendment,” she said.
The complaint argues that the law’s definition of “gender expression” is vague and could be used to silence opposing views on biological sex and gender. The lawsuit states that the law “targets traditional beliefs and punishes disfavored speech,” which plaintiffs believe violates constitutional protections.
Medical Professionals and Communication Concerns
One of the key plaintiffs, Dr. Travis Morrell, a board-certified dermatologist, highlights the law’s impact on healthcare. According to the suit, accurate communication about a patient’s biological sex is often critical for diagnosis and treatment. For instance, hormone treatments and gender-related surgeries may lead to side effects such as severe acne or scarring issues Morrell treats in his practice.
The complaint stresses the need for medical professionals to speak factually, especially when addressing gender dysphoria or related psychiatric conditions, to ensure patients receive holistic care.
Impact on Advocacy and Parental Rights
The Colorado Parent Advocacy Network, another plaintiff, argues that the law prevents them from freely expressing their belief that biological sex is fixed at birth. Their materials and outreach may now be viewed as non-compliant under the new regulation, potentially silencing a portion of the parental voice in educational policy.
Earlier drafts of the legislation included provisions that could have affected child custody in cases where parents disagreed with their child’s gender transition. Following public backlash, those sections were removed before the bill was finalized.
Governor Polis’ office has not yet responded to requests for comment regarding the lawsuit.
