Colorado senators began their final week of session debating a proposal to add “deadnaming” and “misgendering” to the state’s anti-discrimination law.

The measure passed on a 20-14 vote, with all Republicans and Democratic Sens. Marc Snyder of Colorado Springs and Kyle Mullica of Thornton voting against it.

Senate sponsors Faith Winter, D-Westminster, and Chris Kolker, D-Centennial, introduced a number of amendments to House Bill 1312, which already had been significantly changed since its introduction in the House.

Among other provisions, the bill originally required courts to consider “deadnaming” or “misgendering as a form of “coercive control” in child custody cases. It also prohibited courts from applying other states’ laws that allow for the removal of a child from a parent or guardian’s custody if they allowed that child to receive “gender-affirming health-care services.”

Following criticism from parents across the state and several prominent LGBTQ organizations pulling their support from the bill due to legal concerns, sponsors removed any mentions of family courts, stripping it down to only include provisions defining “misgendering” and “deadnaming” as discriminatory acts under the Colorado Anti-Discrimination Act. It still includes several requirements for public and charter schools regarding their policies on preferred names and dress codes.

Transgender individuals are being targeted more than “almost any community” right now, Winter told her colleagues.

“When they are facing backlash and retaliation and fear, it is time for us to stand up and say it is time,” she said. “It is time to make sure that we are affirming that mistreating transgender folks is discrimination, and I hope that you join me in that today.”

Sen. Cathy Kipp, D-Fort Collins, claimed that transgender people have been “scapegoated” by the Trump administration and they are afraid of losing their rights; hence, the need for the legislation, she said.   

“I know that there is a lot of fear out there, and really I think it’s fear of the unknown,” she said. “People don’t always understand what they’re not familiar with, but folks in our transgender community are scared.” 

Winter and Kolker introduced an amendment to the bill that requires county clerks and recorders to issue new marriage licenses to individuals who request to change their name from what appears on their original licenses. Under the amendment, the new license cannot be marked as amended or “indicate in any manner” that the name has been changed.

The sponsors also amended the bill to include a legislative declaration, which in part states that “each Coloradan has the right to access fair employment, housing opportunities, public accommodations, and advertising that is free from discrimination regardless of their membership in a protected class.”

Republicans had threatened to filibuster the bill through the end of the session, and the debate lasted about seven hours on Monday night. During the debate, Republicans believe the bill could infringe on parental rights, even with the amendments.

Sen. Janice Rich, R-Grand Junction, argued that classifying “deadnaming” and “misgendering” as discriminatory acts could put parents at risk of losing custody of their children if they “refuse to comply with this radical worldview.”

“It concerns me that the government continues to think it knows better than the parents as to what’s best for their children,” she said. “Should the issue of a child’s gender arise in the home, I believe that the parents of that child are in the best position to address the issue in concert with the child’s pediatrician.”

Sen. Barbara Kirkmeyer, R-Brighton, argued that the amendments came far too late for many constituents, who don’t understand the legislative process and believe the family court provisions are still in the bill.

“They don’t understand about first readings, second readings, third readings, amendments,” she said. “They understand what an amendment is, but they don’t understand how it impacts the bill.” 

House Bill 1312 will go back to the House, which will need to concur or refuse changes made by senators.