Colorado is now facing potential legal challenges regarding a new law aimed at protecting transgender individuals. This situation revolves around significant lawsuits that claim the law violates free speech and parental rights.
On Friday, Governor Jared Polis signed the “Kelly Loving Act,” which enhances anti-discrimination protections for transgender people. The law permits individuals to use “selected names” as a means of expressing their gender identity, as outlined by the Colorado Anti-Discrimination Act (CADA).
Following the enactment of the bill, the Group Defending Education (DE) took action by suing the state on behalf of DO NO HARM. The lawsuit contends that the law’s definition of “gender expression” is unconstitutional and stifles various forms of constitutionally protected speech, particularly regarding the use of a “chosen name.”
Some parents have expressed concern over what they describe as a “totalitarian” approach to transgender issues in schools. The lawsuit argues that the law could discourage people, including parents, from freely expressing their views, as CADA restricts the dissemination of potentially discriminatory statements.
Sarah Parshall Perry, Vice President of DE, criticized the state for seemingly losing to the Supreme Court on constitutional grounds concerning anti-discrimination laws. She highlighted that the new law is another iteration of what she perceives as unconstitutional measures that prioritize a specific gender ideology over American constitutional rights.
Initially introduced in March, the Kelly Loving Act sparked backlash among conservatives and some parents, particularly due to provisions suggesting that publishing certain health-related information could lead to parental rights being challenged. After significant opposition, lawmakers removed some of the most contentious language from the bill.
Over the past few years, Colorado has been embroiled in notable cases related to its anti-discrimination law, including those involving Jack Phillips, a cake shop owner who faced multiple lawsuits for refusing to create cakes for same-sex marriages. In 2023, the Supreme Court ruled that Colorado’s anti-discrimination laws do not compel graphic designers to design websites for same-sex weddings.
