Colorado Politics

Colorado governor signs transgender bill into law

Gov. Jared Polis has signed legislation that, as originally introduced, would have mandated that courts consider claims of “misgendering” and “deadnaming” in custody battles but whose final form had been heavily modified.

House Bill 1312 drew national attention when Colorado legislators introduced it, as it sought to penalize “deadnaming” and “misgendering” as discriminatory actions and compelled “publishers” to use a person’s “chosen name” when asked. As initially drafted, refusing to comply would have served as evidence of the intent to discriminate.

In its original form, the bill would also have mandated the courts to consider “misgendering” and “deadnaming” as forms of “coercive control” in child custody cases. 

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 version 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.

The bill drew advocates from both sides of the debate to the state Capitol, who showed up in droves to testify for and against the bill — more than 700 witnesses signed up to testify during its hearing in the Senate Judiciary Committee, the most this session by a landslide. 

Many parents expressed worries with the bill’s provisions on child custody cases, as did several prominent organizations that advocate for LGBTQ+ individuals. Groups like One Colorado and Planned Parenthood of the Rockies opposed the measure due to concerns that its repeal could lead to LGBTQ individuals losing protections under Colorado’s anti-discrimination laws.

Polis said he was “not comfortable” with the proposed family law changes outlined in the bill, noting they were removed from the final bill.    

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, HB 1312 includes a legislative declaration stating 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.”

The bill requires to county clerks and recorders to issue name changes on marriage certificates when requested but leave no indication or mark that the certificate has 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.

Sponsored by Reps. Lorena Garcia, D-Unincorporated Adams County, and Rebekah Stewart, D-Lakewood, and Sens. Faith Winter, D-Westminster, and Chris Kolker, D-Denver, the bill passed on a 36-20 vote in the House and 20-14 in the Senate. 

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