
Lawmakers in the Colorado state Senate gave final approval to a heavily amended bill providing increased legal protections for transgender people in the state. It passed through a 20-14 vote on Tuesday following hours of passionate debate and opposition from Republican Senate members.
House Bill 1312 would amend the state’s anti-discrimination laws to classify misgendering and deadnaming — that is, intentionally referring to someone by a name other than the name they chose to conform with their gender identity — as discrimination. These provisions would apply in places of public accommodation, like schools and workplaces.
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Schools are also required to update their policies to be more gender inclusive by allowing students to choose from any variation contained in the school’s dress policy.
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Other provisions include waiving the requirement to get a court order before changing the gender marker on a driver’s license or other forms of identification. Colorado allows X gender markers, but recent initiatives by the federal government have made it difficult for people with X markers to apply for a passport or manage their student loans, compelling some people to change their gender markers back to a binary M or F marker.
H.B. 1312 is otherwise known as the Kelly Loving Act, after a trans woman who tragically lost her life in the Club Q shooting. Many who knew her described her as authentic, unapologetic, and willing to put herself before others while struggling with her own battles.
“We want to ensure everyone lives their full lives as their best selves with dignity and without discrimination,” said one of the bill’s main sponsors, State Sen. Faith Winter (D). “We know trans folks are less likely to be employed, they’re less likely to be successful in school, they’re more likely to commit suicide. And you know what one of the easiest ways to correct for that is [to] actually be affirming and recognize them and use their chosen name.”
Other sponsors of the bill include Sen. Chris Kolker (D), Rep. Lorena Garcia (D), and Rep. Rebekah Stewart (D).
H.B. 1312 faced contention from both Republicans and LGBTQ+ advocacy groups amid concerns about two sections.
One of the sections sought to require family courts to consider a parent’s support for their trans child’s gender identity, and another wanted to enact a shield law protecting children from being removed based on laws from other states.
Republican lawmakers argued that these provisions would impede parental rights, but those on the other end of the political spectrum, such as the LGBTQ+ advocacy group One Colorado, expressed concerns that these provisions could jeopardize existing protections, with there already being shield laws in place that protect people traveling to Colorado for abortion or gender-affirming care from lawsuits and criminal prosecution.
The bill’s sponsors eventually decided to remove both sections, leading to One Colorado to re-establish its support of the bill. The shield law provision was instead substituted with a legislative declaration stating people should be able to seek care “without government interference.”
With the bill being approved by the Senate, the final version is slated to make its way to Gov. Jared Polis’ desk, where he may sign the bill into law.
Polis spokeswoman Shelby Wieman said the governor appreciated the changes made to the bill and that he “will review the final version when it reaches his desk.”
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