Gov. Jared Polis on Thursday indicated he will likely sign a proposal that, as originally introduced, would have mandated that courts consider claims of “misgendering” and “deadnaming” in custody battles but whose final form had since been heavily amended.

Additionally, the bill would have penalized “deadnaming” and “misgendering” as discriminatory actions and compelled “publishers” to use a person’s “chosen name” when asked — refusing to comply would have served as evidence of intent to discriminate.

Lawmakers struck the provisions dealing with custody battles from the bill’s final form before sending it to the governor. They also modified the language surrounding “deadnaming” and “misgendering.” The final form that House Bill 25-1312 took no longer mentioned those two terms.    

Broadly speaking, “misgendering” means not using an individual’s preferred pronoun or honorific, while “deadnaming” refers to using transgender persons’ birth names, instead of their preferred names.

“We were not comfortable with the family law changes,” Polis said on Thursday. “We were not at all comfortable with, you know, decisions about what’s in the best interest of the child being taken from parents who may have different opinions, legitimate opinions, on exactly how best to serve the needs of their child who might be going through gender identity issues.”

“So, those were thankfully removed from the bill,” the governor added. 

What’s left in the bill, he said, are a “few provisions that make it easier to reflect the gender identity of folks,” adding “a lot of the controversial parts were removed during the (legislative) process.”

The governor credited the changes to the “voices of the thousands of Coloradans who came to the state Capitol to have their perspectives heard.”

“It made a big difference in that process to make sure that no one is discriminated against because of their personal beliefs and how they raise their children,” he said.

In its final form, the bill deleted the language about “deadnaming” and “misgendering.” Instead, it added “chosen names” in the list of definitions in Title 24, the section of Colorado laws that deal with discriminatory actions.

Notably, the bill now includes a “legislative declaration,” which states that no Colorado resident may be discriminated against based on a person’s protected class and that the General Assembly supports “freedom of choice,” including seeking “legally protected health-care activities.”

Additionally, the bill directs county recorders to issue a name change on a marriage certificate when requested. Under the bill, there cannot be any indication or mark that the name on the marriage certificate had been modified. 

The bill also allows an individual to change the sex designation on a driver’s license up to three times, instead of just once, before being required to submit a court order. 

Finally, the bill permits a student to choose from any options provided in a dress code policy.

In pushing for the bill, Sen. Faith Winter, D-Westminster, argued that transgender individuals have been being targeted more than “almost any community.”

“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.”

Republicans, meanwhile, countered that the bill would infringe on parental rights, even with the amendments.

“It concerns me that the government continues to think it knows better than the parents as to what’s best for their children,” said Sen. Janice Rich, R-Grand Junction, arguing 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.”

“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,” she said.