Democratic lawmakers are reviving a controversial provision related to gender identity in child custody cases that was stripped from a major civil rights bill last session.

Last session, lawmakers passed House Bill 1312, also known as the Kelly Loving Act, in honor of a victim of the 2022 Club Q shooting in Colorado Springs. In essence, the bill affirmed that no Colorado resident may be discriminated against based on their protected class, included provisions on name changes on marriage certificates, sex designations on driver’s licenses, and school dress codes.

Earlier versions of the bill, however, went much further. As introduced, HB 1312 would have classified deliberately using a transgender person’s birth name or refusing to use their chosen pronouns as discriminatory acts. It also would have required courts to consider whether a parent affirmed a child’s gender identity when making custody determinations.

After public backlash and concerns raised by advocacy groups, bill sponsors removed both the custody-related language and provisions addressing deadnaming and misgendering before sending the measure to the governor.

In May, several organizations filed a lawsuit seeking to block parts of the law, arguing it violates the First Amendment by compelling speech. The plaintiffs claim the statute punishes individuals who refuse to use a person’s chosen name or pronouns and suppresses traditional beliefs about sex and gender.

On the first day of the 2026 legislative session, Senate Democrats introduced a bill that would revive elements of the early 2025 version. The measure would require that would require ccourts to suppress records related to name-change petitions filed on behalf of minors and to consider whether parents “recognize” a child’s identity as it relates to a protected class in custody cases.

Protected classes include race, religion, sexuality, disability, and gender identity.

The bill is sponsored by Sens. Chris Kolker, D-Centennial, who sponsored HB 1312, and Katie Wallace, D-Longmont, and Reps. Lorena Garcia, D-Adams County, and Meg Froelich, D-Englewood. Garcia also sponsored HB 1312.