Colorado’s HB25-1312,“Concerning Legal Protections for Transgender Individuals,” passed the House Judiciary Committee on April 6 and was read into the Senate on April 23. But the bill has not progressed without strong opposition — and for good reason.

This legislation does not protect citizens. It mandates conformity to the preferences of a few. It undermines fundamental freedoms and puts the constitutional rights of parents — and every American — at risk.

If signed into law, Colorado parents could be labeled abusive or accused of exercising “coercive control” if they refuse to encourage their child’s gender confusion by using a different name and inaccurate pronouns for their child. Loving parents who call their son by his legal name (which they gave him) and treat him like a boy could lose custody for “deadnaming” and “misgendering.” In custody disputes, parents who “affirm” and encourage their child’s “social transition” could be given custodial preference over parents who want to exercise caution and treat their child consistently with their sex.

This will not protect children. It will harm them. Caring parents could be punished for simply taking a “watchful waiting” approach that doesn’t push a child down the one-way street toward experimental drugs and irreversible surgeries.

The bill pushes radical gender ideology that demands affirming a new “gender identity” as the only answer to a child’s discomfort with their sex. The bill rejects biological reality — sex is binary and determined at conception. It denies clear science — “transition” from one sex to the other is impossible. It disregards statistical certainty — up to 98% of children who struggle with gender dysphoria will outgrow it if not subjected to harmful medical interventions. It ignores the evidence — so-called “gender-affirming care” causes irreparable harm to vulnerable kids, and “social transition” causes gender dysphoria to persist.

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Struggling kids need their parents. Autumn was one of those kids in middle school. During the COVID-19 pandemic, she experienced anxiety and depression and thought she may have been born in the wrong body. Her counselor encouraged “social transition.” Her school in Wisconsin’s Kettle Moraine School District insisted it would call her by whatever name and pronouns Autumn chose, regardless of her parents’ directions to only use her given name and female pronouns. But Autumn’s mom, Tammy, knew what her daughter needed most — time to work through her mental health issues with family support. She was right. Autumn reconciled with her sex and is now thriving. Her story powerfully illustrates the critical role parents play in children’s lives.

Fit parents should never be excluded from important decisions regarding their child’s upbringing or health. Parents have a historical liberty interest in directing their children’s upbringing, education and health care. And it’s their fundamental right to do so without unreasonable government interference.

But it’s not just parental rights on the line. Colorado’s bill poses grave free speech concerns for schools, local businesses and many others. Schools with a dress code or uniform requirement could be forced to allow kids to dress as they wish to reflect their perceived “gender identity.” And the Colorado Anti-Discrimination Act will be drastically expanded, making it unlawful for businesses to decline to refer to customers by wrong-sex pronouns. A business could even be punished for publishing written materials that use a person’s accurate pronouns. For example, an article identifying Bruce/Caitlyn Jenner as “he” would be punishable if this bill passed.

Our Constitution protects the freedom of every American to live and speak according to their conscience. This includes the liberty not to speak messages they disagree with, or that are simply untrue. As Justice Neil Gorsuch stated in an Alliance Defending Freedom lawsuit out of Colorado, 303 Creative v. Elenis, among our nation’s “most cherished liberties” is the right to think and speak freely, “not as the government demands.”

The U.S. Constitution also protects the fundamental right of parents to raise their children and direct their upbringing without fear of punishment for commonsense parenting — like treating their son as a boy and calling him by the name they gave him.

State laws must respect and protect the constitutional rights of citizens. Rather than pushing bad laws like HB25-1312 that undermine historic freedoms, Colorado legislators should follow the example of West Virginia and 19 other states and pass a law protecting parental rights as a fundamental right in state code.

Strong families and free speech are the bedrock of a flourishing society. Colorado should be about preserving both.

Matt Sharp is senior counsel and director of the Center of Public Policy with Alliance Defending Freedom (@ADFLegal). Kate Anderson is senior counsel and director of ADF’s Center for Parental Rights.