First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0091.04 Caroline Martin x5902
HOUSE BILL 25-1312
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING LEGAL PROTECTION S FOR TRANSGENDER INDIVIDUALS . 101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
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.
HOUSE SPONSORSHIP
Garcia and Stewart R.,
SENATE SPONSORSHIP
Winter F. and Kolker,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the "Kelly2
Loving Act".3
SECTION 2. In Colorado Revised Statutes, 14-10-124, amend4
(1.3)(a)(VIII), (1.3)(a)(X), (1.3)(a)(XI), and (1.5)(a)(III.5); and add5
(1.3)(a)(XII) as follows:6
14-10-124. Best interests of the child - legislative declaration7
- definitions. (1.3) Definitions. For purposes of this section and section8
14-10-129 (2)(c), unless the context otherwise requires:9
(a) "Coercive control" means a pattern of threatening, humiliating,10
or intimidating actions, including assaults or other abuse, that is used to11
harm, punish, or frighten an individual. "Coercive control" includes a12
HB25-1312-2- pattern of behavior that takes away the individual's liberty or freedom and1
strips away the individual's sense of self, including the individual's bodily2
integrity and human rights. "Coercive control" includes isolating the3
individual from support, exploiting the individual, depriving the4
individual of independence, and regulating the individual's everyday5
behavior. "Coercive control" includes, but is not limited to, any of the6
following:7
(VIII) Threatening to publish the individual's, or the individual's8
child's or relative's, sensitive personal information, including sexually9
explicit material
OR MATERIAL RELATED TO GENDER -AFFIRMING10
HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121 (1)(c), or11
make reports to the police or authorities;12
(X) Threatening the individual, or the individual's child or13
relative, with deportation or contacting authorities based on perceived or14
actual immigration status, withholding essential documents required for15
immigration, or threatening to withdraw or interfere with an active16
immigration application or process; or
17
(XI) Forcing the individual, or the individual's child or relative,18
to take part in criminal activities or child abuse;
OR19
(XII) D
EADNAMING OR MISGENDERING , AS THOSE TERMS ARE20
DEFINED IN SECTION 24-34-301, THE INDIVIDUAL OR THE INDIVIDUAL'S21
CHILD OR RELATIVE.22
(1.5) Allocation of parental responsibilities. The court shall23
determine the allocation of parental responsibilities, including parenting24
time and decision-making responsibilities, in accordance with the best25
interests of the child, giving paramount consideration to the child's safety26
and the physical, mental, and emotional conditions and needs of the child27
HB25-1312
-3- as follows:1
(a) Determination of parenting time. The court, upon the motion2
of either party or upon its own motion, may make provisions for parenting3
time that the court finds are in the best interests of the child, with the4
child's safety always paramount, unless the court finds, after a hearing,5
that parenting time by the party would endanger the child's physical health6
or significantly impair the child's emotional development. In addition to7
a finding that parenting time would endanger the child's physical health8
or significantly impair the child's emotional development, in any order9
imposing or continuing a parenting time restriction, the court shall10
enumerate the specific factual findings supporting the restriction,11
including findings related to domestic violence, child abuse, and child12
sexual abuse, and may enumerate the conditions that the restricted party13
could fulfill in order to seek modification in the parenting plan. When a14
claim of child abuse or neglect, domestic violence, or sexual assault15
where there is also a claim that the child was conceived as a result of the16
sexual assault has been made to the court, or the court has reason to17
believe that a party has committed child abuse or neglect, domestic18
violence, or sexual assault where there is also a claim that the child was19
conceived as a result of the sexual assault, prior to determining parenting20
time, the court shall follow the provisions of subsection (4) of this21
section. In determining the best interests of the child for purposes of22
parenting time, the court shall consider all relevant factors, including:23
(III.5) Any report related to domestic violence
OR COERCIVE24
CONTROL that is submitted to the court by a child and family investigator,25
if one is appointed pursuant to section 14-10-116.5; a professional26
parental responsibilities evaluator, if one is appointed pursuant to section27
HB25-1312
-4- 14-10-127; or a legal representative of the child, if one is appointed1
pursuant to section 14-10-116. The court may consider other testimony2
regarding domestic violence from the parties, experts, therapists for any3
parent or child, the department of human services, parenting time4
supervisors, school personnel, or other lay witnesses.5
SECTION 3. In Colorado Revised Statutes, add 19-3-220 as6
follows:7
19-3-220. Other states' removal laws relating to8
gender-affirming health-care services - when unenforceable. (1) I
T9
IS AGAINST THE PUBLIC POLICY OF THIS STATE FOR THE LAW OF ANOTHER10
STATE TO AUTHORIZE OR REQUIRE A STATE AGENCY TO REMOVE A CHILD11
FROM THE CHILD'S PARENT OR GUARDIAN BECAUSE THE PARENT OR12
GUARDIAN ASSISTED THE CHILD IN OBTAINING GENDER -AFFIRMING13
HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121 (1)(c).14
(2) A
COURT SHALL NOT APPLY ANOTHER STATE 'S LAW AS15
DESCRIBED IN SUBSECTION (1) OF THIS SECTION TO A CASE OR16
CONTROVERSY HEARD IN COLORADO COURT.17
(3) T
HE COURT SHALL NOT GIVE ANY FORCE OR EFFECT TO ANY18
FOREIGN JUDGMENT ISSUED IN CONNECTION WITH THE REMOVAL OF A19
CHILD BECAUSE THE CHILD'S PARENT OR GUARDIAN ASSISTED THE CHILD20
IN OBTAINING GENDER-AFFIRMING HEALTH-CARE SERVICES IN THIS STATE.21
SECTION 4. In Colorado Revised Statutes, add 22-1-145.5 as22
follows:23
22-1-145.5. Policies related to chosen names - definition.24
(1) A
S USED IN THIS SECTION, "LOCAL EDUCATION PROVIDER " MEANS A25
SCHOOL DISTRICT, A CHARTER SCHOOL AUTHORIZED BY A SCHOOL26
DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, A27
HB25-1312
-5- CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL1
INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE 22, OR A2
BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT3
TO ARTICLE 5 OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC4
SCHOOLS, OR A FACILITY SCHOOL APPROVED PURSUANT TO SECTION5
22-2-407.6
(2) I
F A LOCAL EDUCATION PROVIDER OR ITS EMPLOYEES , AN7
EDUCATOR, OR A CONTRACTOR , AS DEFINED IN SECTION 22-1-143,8
CHOOSES TO ENACT OR ENFORCE A POLICY RELATED TO CHOSEN NAMES ,9
THAT POLICY MUST BE INCLUSIVE OF ALL REASONS THAT A STUDENT10
MIGHT ADOPT A CHOSEN NAME THAT DIFFERS FROM THE STUDENT 'S LEGAL11
NAME.12
SECTION 5. In Colorado Revised Statutes, add 22-1-148 as13
follows:14
22-1-148. Student access to dress code variations.
A DRESS15
CODE ADOPTED OR IMPLEMENTED BY A LOCAL EDUCATION PROVIDER , AS16
DEFINED IN SECTION 22-1-145, MUST NOT CREATE OR ENFORCE ANY RULES17
BASED ON GENDER AND MUST ALLOW EACH STUDENT TO ABIDE BY ANY18
VARIATION OF THE DRESS CODE.19
SECTION 6. In Colorado Revised Statutes, 22-32-109.1, amend20
(2)(a)(I) introductory portion and (2)(a)(I)(J) as follows:21
22-32-109.1. Board of education - specific powers and duties22
- safe school plan - conduct and discipline code - safe school reporting23
requirements - school response framework - school resource officers24
- definitions. (2) Safe school plan. To provide a learning environment25
that is safe, conducive to the learning process, and free from unnecessary26
disruption, each school district board of education or institute charter27
HB25-1312
-6- school board for a charter school authorized by the charter school institute1
shall, following consultation with the school district accountability2
committee and school accountability committees, parents, teachers,3
administrators, students, student councils where available, and, where4
appropriate, the community at large, adopt and implement a safe school5
plan, or review and revise, as necessary in response to any relevant data6
collected by the school district, any existing plans or policies already in7
effect. In addition to the aforementioned parties, each school district8
board of education, in adopting and implementing its safe school plan,9
may consult with victims' advocacy organizations, school psychologists,10
local law enforcement, and community partners. The plan, at a minimum,11
must include the following:12
(a) Conduct and discipline code. (I) A concisely written conduct13
and discipline code that must be enforced uniformly, fairly, and14
consistently for all students. Copies of the code shall MUST be provided15
to each student upon enrollment at the preschool, elementary, middle, and16
high school levels and be posted or kept on file at each public school in17
the school district. The school district shall take reasonable measures to18
ensure that each student of each public school in the school district is19
familiar with the code. The code must include, but need not be limited to:20
(J) A dress code policy that prohibits students from wearing21
apparel that is deemed disruptive to the classroom environment or to the22
maintenance of a safe and orderly school. The dress code policy may23
require students to wear a school uniform or may establish minimum24
standards of dress,
BUT MUST NOT CREATE OR ENFORCE ANY RULES BASED25
ON GENDER, AND MUST ALLOW EACH STUDENT TO ABIDE BY ANY26
VARIATION OF THE DRESS CODE.27
HB25-1312
-7- SECTION 7. In Colorado Revised Statutes, add article 10.5 to1
title 24 as follows:2
ARTICLE 10.53
Public Entities' Use of an Individual's Chosen Name4
24-10.5-101. Public entities' use of an individual's chosen5
name - definitions. (1) A
S USED IN THIS ARTICLE 10.5, UNLESS THE6
CONTEXT OTHERWISE REQUIRES :7
(a) "C
HOSEN NAME" MEANS A NAME THAT AN INDIVIDUAL8
REQUESTS TO BE KNOWN AS TO REFLECT THE INDIVIDUAL 'S GENDER9
IDENTITY OR GENDER EXPRESSION.10
(b) "P
UBLIC ENTITY" HAS THE SAME MEANING AS SET FORTH IN11
SECTION 24-10-103.12
(2) W
HEN AN INDIVIDUAL IS REQUIRED TO PROVIDE THEIR NAME13
THROUGH A WRITTEN OR ELECTRONIC FORM ADMINISTERED BY A PUBLIC14
ENTITY, THE FOLLOWING REQUIREMENTS APPLY :15
(a) T
HE FORM MUST INCLUDE AN OPTION TO PROVIDE THE16
INDIVIDUAL'S LEGAL NAME AND CHOSEN NAME , IF DIFFERENT FROM THE17
INDIVIDUAL'S LEGAL NAME; AND18
(b) I
F AN INDIVIDUAL PROVIDES A CHOSEN NAME THAT IS19
DIFFERENT FROM THE INDIVIDUAL'S LEGAL NAME, THE CHOSEN NAME MUST20
BE USED ON ALL SUBSEQUENT FORMS ADMINISTERED BY THE PUBLIC21
ENTITY.22
(3) T
HIS SECTION DOES NOT PREVENT A PUBLIC ENTITY FROM23
USING AN INDIVIDUAL'S LEGAL NAME WHEN REQUIRED TO DO SO BY LAW24
OR WHEN NECESSARY TO ENSURE THAT THE IDENTITY OF THE INDIVIDUAL25
CAN BE VERIFIED OR THAT OTHER INFORMATION PERTAINING TO THE26
INDIVIDUAL THAT IS NEEDED FOR LEGAL OR OTHER LEGITIMATE PUBLIC27
HB25-1312
-8- PURPOSES CAN BE OBTAINED.1
SECTION 8. In Colorado Revised Statutes, 24-34-301, add (3.5),2
(5.5), and (14.5) as follows:3
24-34-301. Definitions. As used in parts 3 to 10 of this article 34,4
unless the context otherwise requires:5
(3.5) "C
HOSEN NAME" MEANS A NAME THAT AN INDIVIDUAL6
REQUESTS TO BE KNOWN AS TO REFLECT THE INDIVIDUAL 'S GENDER7
IDENTITY OR GENDER EXPRESSION.8
(5.5) (a) "D
EADNAME" MEANS TO PURPOSEFULLY, AND WITH THE9
INTENT TO DISREGARD THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER10
EXPRESSION, REFER TO AN INDIVIDUAL BY THEIR BIRTH NAME RATHER11
THAN THEIR CHOSEN NAME.12
(b) F
OR PURPOSES OF THIS SUBSECTION (5.5), REPEATEDLY13
REFERRING TO AN INDIVIDUAL USING THEIR DEADNAME WHILE ON NOTICE14
OF THEIR CHOSEN NAME IS EVIDENCE OF THE INTENT REQUIRED BY THIS15
SUBSECTION (5.5).16
(14.5) (a) "M
ISGENDER" MEANS TO PURPOSEFULLY, AND WITH THE17
INTENT TO DISREGARD THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER18
EXPRESSION, REFER TO AN INDIVIDUAL USING AN HONORIFIC OR PRONOUN19
THAT CONFLICTS WITH THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER20
EXPRESSION.21
(b) F
OR PURPOSES OF THIS SUBSECTION (14.5), REPEATEDLY22
REFERRING TO AN INDIVIDUAL USING AN HONORIFIC OR PRONOUN THAT23
CONFLICTS WITH THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER24
EXPRESSION WHILE ON NOTICE THAT SAID HONORIFIC OR PRONOUN25
CONFLICTS WITH THE INDIVIDUAL 'S GENDER IDENTITY OR GENDER26
EXPRESSION IS EVIDENCE OF THE INTENT REQUIRED BY SUBSECTION27
HB25-1312
-9- (14.5)(a) OF THIS SECTION.1
SECTION 9. In Colorado Revised Statutes, 24-34-601, add (6)2
as follows:3
24-34-601. Discrimination in places of public accommodation4
- definition. (6) (a) I
T IS A DISCRIMINATORY PRACTICE AND UNLAWFUL5
TO, WITH SPECIFIC INTENT TO DISCRIMINATE, PUBLISH MATERIALS THAT6
DEADNAME OR MISGENDER AN INDIVIDUAL .7
(b) F
OR PURPOSES OF THIS SUBSECTION (6), THE REFUSAL OF A8
PRE-PUBLICATION REQUEST FOR THE PUBLISHER TO USE AN INDIVIDUAL 'S9
CHOSEN NAME, HONORIFICS, OR PRONOUNS CAN SERVE AS EVIDENCE OF10
THE INTENT REQUIRED BY SUBSECTION (6)(a) OF THIS SECTION.11
SECTION 10. Safety clause. The general assembly finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety or for appropriations for14
the support and maintenance of the departments of the state and state15
institutions.16
HB25-1312
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