Text of CO HB 1312 (2025)
Legal Protections for Transgender Individuals
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As introduced
16,766 characters
First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0091.04 Caroline Martin x5902
HOUSE BILL 25-1312
House Committees
Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING LEGAL PROTECTIONS FOR TRANSGENDER INDIVIDUALS.
101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Section 1 of the bill creates the "Kelly Loving Act".
Section 2 provides that, when making child custody decisions and
determining the best interests of a child for purposes of parenting time,
a court shall consider deadnaming, misgendering, or threatening to
publish material related to an individual's gender-affirming health-care
services as types of coercive control. A court shall consider reports of
coercive control when determining the allocation of parental
responsibilities in accordance with the best interests of the child.
HOUSE SPONSORSHIP
Garcia and Stewart R.,
SENATE SPONSORSHIP
Winter F. and Kolker,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Section 3 prohibits a Colorado court from applying or giving any
force or effect to another state's law that authorizes a state agency to
remove a child from the child's parent or guardian because the parent or
guardian allowed the child to receive gender-affirming health-care
services.
Section 4 provides that, if a local education provider, an educator,
or a contractor chooses to enact or enforce a policy related to chosen
names, that policy must be to make the policy inclusive of all reasons that
a student might adopt a chosen name that differs from the student's legal
name.
Sections 5 and 6 provide that a dress code adopted or
implemented by a local education provider must not create or enforce any
rules based on gender and must allow each student to abide by any
variation of the dress code.
Section 7 provides that, when an individual is required to provide
their name through a form administered by a public entity, the form must
include an option to provide the individual's legal name and chosen name.
If the individual provides a chosen name that is different from the
individual's legal name, the chosen name must be used on all subsequent
forms administered by the public entity.
Sections 8 and 9 define deadnaming and misgendering as
discriminatory acts in the "Colorado Anti-Discrimination Act", and
prohibit these discriminatory acts in places of public accommodation.
Be it enacted by the General Assembly of the State of Colorado:
1
SECTION 1. Short title. The short title of this act is the "Kelly
2
Loving Act".
3
SECTION 2. In Colorado Revised Statutes, 14-10-124, amend
4
(1.3)(a)(VIII), (1.3)(a)(X), (1.3)(a)(XI), and (1.5)(a)(III.5); and add
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(1.3)(a)(XII) as follows:
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14-10-124. Best interests of the child - legislative declaration
7
- definitions. (1.3) Definitions. For purposes of this section and section
8
14-10-129 (2)(c), unless the context otherwise requires:
9
(a) "Coercive control" means a pattern of threatening, humiliating,
10
or intimidating actions, including assaults or other abuse, that is used to
11
harm, punish, or frighten an individual. "Coercive control" includes a
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pattern of behavior that takes away the individual's liberty or freedom and
1
strips away the individual's sense of self, including the individual's bodily
2
integrity and human rights. "Coercive control" includes isolating the
3
individual from support, exploiting the individual, depriving the
4
individual of independence, and regulating the individual's everyday
5
behavior. "Coercive control" includes, but is not limited to, any of the
6
following:
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(VIII) Threatening to publish the individual's, or the individual's
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child's or relative's, sensitive personal information, including sexually
9
explicit material OR MATERIAL RELATED TO GENDER-AFFIRMING
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HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121 (1)(c), or
11
make reports to the police or authorities;
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(X) Threatening the individual, or the individual's child or
13
relative, with deportation or contacting authorities based on perceived or
14
actual immigration status, withholding essential documents required for
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immigration, or threatening to withdraw or interfere with an active
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immigration application or process; or
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(XI) Forcing the individual, or the individual's child or relative,
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to take part in criminal activities or child abuse; OR
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(XII) DEADNAMING OR MISGENDERING, AS THOSE TERMS ARE
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DEFINED IN SECTION 24-34-301, THE INDIVIDUAL OR THE INDIVIDUAL'S
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CHILD OR RELATIVE.
22
(1.5) Allocation of parental responsibilities. The court shall
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determine the allocation of parental responsibilities, including parenting
24
time and decision-making responsibilities, in accordance with the best
25
interests of the child, giving paramount consideration to the child's safety
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and the physical, mental, and emotional conditions and needs of the child
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as follows:
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(a) Determination of parenting time. The court, upon the motion
2
of either party or upon its own motion, may make provisions for parenting
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time that the court finds are in the best interests of the child, with the
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child's safety always paramount, unless the court finds, after a hearing,
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that parenting time by the party would endanger the child's physical health
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or significantly impair the child's emotional development. In addition to
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a finding that parenting time would endanger the child's physical health
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or significantly impair the child's emotional development, in any order
9
imposing or continuing a parenting time restriction, the court shall
10
enumerate the specific factual findings supporting the restriction,
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including findings related to domestic violence, child abuse, and child
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sexual abuse, and may enumerate the conditions that the restricted party
13
could fulfill in order to seek modification in the parenting plan. When a
14
claim of child abuse or neglect, domestic violence, or sexual assault
15
where there is also a claim that the child was conceived as a result of the
16
sexual assault has been made to the court, or the court has reason to
17
believe that a party has committed child abuse or neglect, domestic
18
violence, or sexual assault where there is also a claim that the child was
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conceived as a result of the sexual assault, prior to determining parenting
20
time, the court shall follow the provisions of subsection (4) of this
21
section. In determining the best interests of the child for purposes of
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parenting time, the court shall consider all relevant factors, including:
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(III.5) Any report related to domestic violence OR COERCIVE
24
CONTROL that is submitted to the court by a child and family investigator,
25
if one is appointed pursuant to section 14-10-116.5; a professional
26
parental responsibilities evaluator, if one is appointed pursuant to section
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14-10-127; or a legal representative of the child, if one is appointed
1
pursuant to section 14-10-116. The court may consider other testimony
2
regarding domestic violence from the parties, experts, therapists for any
3
parent or child, the department of human services, parenting time
4
supervisors, school personnel, or other lay witnesses.
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SECTION 3. In Colorado Revised Statutes, add 19-3-220 as
6
follows:
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19-3-220. Other states' removal laws relating to
8
gender-affirming health-care services - when unenforceable. (1) IT
9
IS AGAINST THE PUBLIC POLICY OF THIS STATE FOR THE LAW OF ANOTHER
10
STATE TO AUTHORIZE OR REQUIRE A STATE AGENCY TO REMOVE A CHILD
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FROM THE CHILD'S PARENT OR GUARDIAN BECAUSE THE PARENT OR
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GUARDIAN ASSISTED THE CHILD IN OBTAINING GENDER-AFFIRMING
13
HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121 (1)(c).
14
(2) A COURT SHALL NOT APPLY ANOTHER STATE'S LAW AS
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DESCRIBED IN SUBSECTION (1) OF THIS SECTION TO A CASE OR
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CONTROVERSY HEARD IN COLORADO COURT.
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(3) THE COURT SHALL NOT GIVE ANY FORCE OR EFFECT TO ANY
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FOREIGN JUDGMENT ISSUED IN CONNECTION WITH THE REMOVAL OF A
19
CHILD BECAUSE THE CHILD'S PARENT OR GUARDIAN ASSISTED THE CHILD
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IN OBTAINING GENDER-AFFIRMING HEALTH-CARE SERVICES IN THIS STATE.
21
SECTION 4. In Colorado Revised Statutes, add 22-1-145.5 as
22
follows:
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22-1-145.5. Policies related to chosen names - definition.
24
(1) AS USED IN THIS SECTION, "LOCAL EDUCATION PROVIDER" MEANS A
25
SCHOOL DISTRICT, A CHARTER SCHOOL AUTHORIZED BY A SCHOOL
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DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, A
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CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL
1
INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE 22, OR A
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BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT
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TO ARTICLE 5 OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC
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SCHOOLS, OR A FACILITY SCHOOL APPROVED PURSUANT TO SECTION
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22-2-407.
6
(2) IF A LOCAL EDUCATION PROVIDER OR ITS EMPLOYEES, AN
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EDUCATOR, OR A CONTRACTOR, AS DEFINED IN SECTION 22-1-143,
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CHOOSES TO ENACT OR ENFORCE A POLICY RELATED TO CHOSEN NAMES,
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THAT POLICY MUST BE INCLUSIVE OF ALL REASONS THAT A STUDENT
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MIGHT ADOPT A CHOSEN NAME THAT DIFFERS FROM THE STUDENT'S LEGAL
11
NAME.
12
SECTION 5. In Colorado Revised Statutes, add 22-1-148 as
13
follows:
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22-1-148. Student access to dress code variations. A DRESS
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CODE ADOPTED OR IMPLEMENTED BY A LOCAL EDUCATION PROVIDER, AS
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DEFINED IN SECTION 22-1-145, MUST NOT CREATE OR ENFORCE ANY RULES
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BASED ON GENDER AND MUST ALLOW EACH STUDENT TO ABIDE BY ANY
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VARIATION OF THE DRESS CODE.
19
SECTION 6. In Colorado Revised Statutes, 22-32-109.1, amend
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(2)(a)(I) introductory portion and (2)(a)(I)(J) as follows:
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22-32-109.1. Board of education - specific powers and duties
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- safe school plan - conduct and discipline code - safe school reporting
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requirements - school response framework - school resource officers
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- definitions. (2) Safe school plan. To provide a learning environment
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that is safe, conducive to the learning process, and free from unnecessary
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disruption, each school district board of education or institute charter
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school board for a charter school authorized by the charter school institute
1
shall, following consultation with the school district accountability
2
committee and school accountability committees, parents, teachers,
3
administrators, students, student councils where available, and, where
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appropriate, the community at large, adopt and implement a safe school
5
plan, or review and revise, as necessary in response to any relevant data
6
collected by the school district, any existing plans or policies already in
7
effect. In addition to the aforementioned parties, each school district
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board of education, in adopting and implementing its safe school plan,
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may consult with victims' advocacy organizations, school psychologists,
10
local law enforcement, and community partners. The plan, at a minimum,
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must include the following:
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(a) Conduct and discipline code. (I) A concisely written conduct
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and discipline code that must be enforced uniformly, fairly, and
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consistently for all students. Copies of the code shall MUST be provided
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to each student upon enrollment at the preschool, elementary, middle, and
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high school levels and be posted or kept on file at each public school in
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the school district. The school district shall take reasonable measures to
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ensure that each student of each public school in the school district is
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familiar with the code. The code must include, but need not be limited to:
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(J) A dress code policy that prohibits students from wearing
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apparel that is deemed disruptive to the classroom environment or to the
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maintenance of a safe and orderly school. The dress code policy may
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require students to wear a school uniform or may establish minimum
24
standards of dress, BUT MUST NOT CREATE OR ENFORCE ANY RULES BASED
25
ON GENDER, AND MUST ALLOW EACH STUDENT TO ABIDE BY ANY
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VARIATION OF THE DRESS CODE.
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SECTION 7. In Colorado Revised Statutes, add article 10.5 to
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title 24 as follows:
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ARTICLE 10.5
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Public Entities' Use of an Individual's Chosen Name
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24-10.5-101. Public entities' use of an individual's chosen
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name - definitions. (1) AS USED IN THIS ARTICLE 10.5, UNLESS THE
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CONTEXT OTHERWISE REQUIRES:
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(a) "CHOSEN NAME" MEANS A NAME THAT AN INDIVIDUAL
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REQUESTS TO BE KNOWN AS TO REFLECT THE INDIVIDUAL'S GENDER
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IDENTITY OR GENDER EXPRESSION.
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(b) "PUBLIC ENTITY" HAS THE SAME MEANING AS SET FORTH IN
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SECTION 24-10-103.
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(2) WHEN AN INDIVIDUAL IS REQUIRED TO PROVIDE THEIR NAME
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THROUGH A WRITTEN OR ELECTRONIC FORM ADMINISTERED BY A PUBLIC
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ENTITY, THE FOLLOWING REQUIREMENTS APPLY:
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(a) THE FORM MUST INCLUDE AN OPTION TO PROVIDE THE
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INDIVIDUAL'S LEGAL NAME AND CHOSEN NAME, IF DIFFERENT FROM THE
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INDIVIDUAL'S LEGAL NAME; AND
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(b) IF AN INDIVIDUAL PROVIDES A CHOSEN NAME THAT IS
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DIFFERENT FROM THE INDIVIDUAL'S LEGAL NAME, THE CHOSEN NAME MUST
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BE USED ON ALL SUBSEQUENT FORMS ADMINISTERED BY THE PUBLIC
21
ENTITY.
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(3) THIS SECTION DOES NOT PREVENT A PUBLIC ENTITY FROM
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USING AN INDIVIDUAL'S LEGAL NAME WHEN REQUIRED TO DO SO BY LAW
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OR WHEN NECESSARY TO ENSURE THAT THE IDENTITY OF THE INDIVIDUAL
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CAN BE VERIFIED OR THAT OTHER INFORMATION PERTAINING TO THE
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INDIVIDUAL THAT IS NEEDED FOR LEGAL OR OTHER LEGITIMATE PUBLIC
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PURPOSES CAN BE OBTAINED.
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SECTION 8. In Colorado Revised Statutes, 24-34-301, add (3.5),
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(5.5), and (14.5) as follows:
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24-34-301. Definitions. As used in parts 3 to 10 of this article 34,
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unless the context otherwise requires:
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(3.5) "CHOSEN NAME" MEANS A NAME THAT AN INDIVIDUAL
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REQUESTS TO BE KNOWN AS TO REFLECT THE INDIVIDUAL'S GENDER
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IDENTITY OR GENDER EXPRESSION.
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(5.5) (a) "DEADNAME" MEANS TO PURPOSEFULLY, AND WITH THE
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INTENT TO DISREGARD THE INDIVIDUAL'S GENDER IDENTITY OR GENDER
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EXPRESSION, REFER TO AN INDIVIDUAL BY THEIR BIRTH NAME RATHER
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THAN THEIR CHOSEN NAME.
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(b) FOR PURPOSES OF THIS SUBSECTION (5.5), REPEATEDLY
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REFERRING TO AN INDIVIDUAL USING THEIR DEADNAME WHILE ON NOTICE
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OF THEIR CHOSEN NAME IS EVIDENCE OF THE INTENT REQUIRED BY THIS
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SUBSECTION (5.5).
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(14.5) (a) "MISGENDER" MEANS TO PURPOSEFULLY, AND WITH THE
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INTENT TO DISREGARD THE INDIVIDUAL'S GENDER IDENTITY OR GENDER
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EXPRESSION, REFER TO AN INDIVIDUAL USING AN HONORIFIC OR PRONOUN
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THAT CONFLICTS WITH THE INDIVIDUAL'S GENDER IDENTITY OR GENDER
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EXPRESSION.
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(b) FOR PURPOSES OF THIS SUBSECTION (14.5), REPEATEDLY
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REFERRING TO AN INDIVIDUAL USING AN HONORIFIC OR PRONOUN THAT
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CONFLICTS WITH THE INDIVIDUAL'S GENDER IDENTITY OR GENDER
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EXPRESSION WHILE ON NOTICE THAT SAID HONORIFIC OR PRONOUN
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CONFLICTS WITH THE INDIVIDUAL'S GENDER IDENTITY OR GENDER
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EXPRESSION IS EVIDENCE OF THE INTENT REQUIRED BY SUBSECTION
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(14.5)(a) OF THIS SECTION.
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SECTION 9. In Colorado Revised Statutes, 24-34-601, add (6)
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as follows:
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24-34-601. Discrimination in places of public accommodation
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- definition. (6) (a) IT IS A DISCRIMINATORY PRACTICE AND UNLAWFUL
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TO, WITH SPECIFIC INTENT TO DISCRIMINATE, PUBLISH MATERIALS THAT
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DEADNAME OR MISGENDER AN INDIVIDUAL.
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(b) FOR PURPOSES OF THIS SUBSECTION (6), THE REFUSAL OF A
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PRE-PUBLICATION REQUEST FOR THE PUBLISHER TO USE AN INDIVIDUAL'S
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CHOSEN NAME, HONORIFICS, OR PRONOUNS CAN SERVE AS EVIDENCE OF
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THE INTENT REQUIRED BY SUBSECTION (6)(a) OF THIS SECTION.
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SECTION 10. Safety clause. The general assembly finds,
12
determines, and declares that this act is necessary for the immediate
13
preservation of the public peace, health, or safety or for appropriations for
14
the support and maintenance of the departments of the state and state
15
institutions.
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As enrolled or final
14,061 characters
HOUSE BILL 25-1312
BY REPRESENTATIVE(S) Garcia and Stewart R., Bacon, Boesenecker,
Brown, Camacho, Duran, Espenoza, Froelich, Gilchrist, Hamrick, Joseph,
Lieder, Lindsay, Mabrey, McCormick, Rydin, Sirota, Smith, Story, Titone,
Valdez, Velasco, Willford, Zokaie, McCluskie, Clifford, Lindstedt, Paschal,
Woodrow;
also SENATOR(S) Winter F. and Kolker, Amabile, Ball, Bridges, Cutter,
Danielson, Gonzales J., Hinrichsen, Kipp, Marchman, Michaelson Jenet,
Wallace, Weissman, Coleman.
CONCERNING LEGAL PROTECTIONS FOR TRANSGENDER INDIVIDUALS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Short title. The short title of this act is the "Kelly
Loving Act".
SECTION 2. In Colorado Revised Statutes, 14-2-106, add (3) as
follows:
14-2-106. License to marry. (3) (a) IF, AT ANY POINT FOLLOWING
THE ISSUANCE OF A VALID LICENSE TO MARRY ISSUED PURSUANT TO THIS
SECTION, A PARTY TO THE MARRIAGE PRESENTS THE ISSUING COUNTY CLERK
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
AND RECORDER WITH APPROPRIATE DOCUMENTATION OF THAT PARTY'S
NAME CHANGE AND REQUESTS THE ISSUANCE OF A NEW LICENSE TO MARRY,
THE COUNTY CLERK SHALL ISSUE A NEW LICENSE TO MARRY THAT REFLECTS
THE PARTY'S NAME CHANGE.
(b) A NEW LICENSE TO MARRY ISSUED PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION SUPERSEDES THE ORIGINAL LICENSE TO MARRY AS
THE OFFICIAL PUBLIC RECORD AND MUST NOT BE MARKED AS AMENDED OR
INDICATE IN ANY MANNER THAT THE NAME ON THE LICENSE TO MARRY HAS
BEEN CHANGED.
SECTION 3. In Colorado Revised Statutes, amend 14-2-107 as
follows:
14-2-107. When licenses to marry issued - validity. Licenses to
marry shall MUST be issued by the county clerk and recorder only during the
hours that the office of the county clerk and recorder is open as prescribed
by law and at no other time, and such licenses shall MUST show the exact
date and hour of their issue. NEW LICENSES TO MARRY ISSUED PURSUANT TO
SECTION 14-2-106 (3)(a) MUST SHOW THE DATE AND HOUR OF ISSUANCE OF
THE NEW LICENSE, BUT THE EFFECTIVE DATE OF THE MARRIAGE IS THE DATE
LISTED ON THE ORIGINAL LICENSE TO MARRY. NEW LICENSES TO MARRY
ISSUED PURSUANT TO SECTION 14-2-106 (3)(a) ARE VALID. A license shall
not be valid for use outside the state of Colorado. Within the state, such
licenses shall not be valid for more than thirty-five days after the date of
issue. If any license to marry is not used within thirty-five days, it is void
and shall be returned to the county clerk and recorder for cancellation.
SECTION 4. In Colorado Revised Statutes, 14-15-110, add (3) as
follows:
14-15-110. Issuance of a civil union license - certification - fee.
(3) (a) IF, AT ANY POINT FOLLOWING THE ISSUANCE OF A VALID CIVIL UNION
LICENSE ISSUED PURSUANT TO THIS SECTION, A PARTY TO THE CIVIL UNION
PRESENTS THE ISSUING COUNTY CLERK AND RECORDER WITH APPROPRIATE
DOCUMENTATION OF THAT PARTY'S NAME CHANGE AND REQUESTS THE
ISSUANCE OF A NEW CIVIL UNION LICENSE, THE COUNTY CLERK SHALL ISSUE
A NEW CIVIL UNION LICENSE THAT REFLECTS THE PARTY'S NAME CHANGE.
(b) A NEW CIVIL UNION LICENSE ISSUED PURSUANT TO SUBSECTION
PAGE 2-HOUSE BILL 25-1312
(3)(a) OF THIS SECTION SUPERSEDES THE ORIGINAL CIVIL UNION LICENSE AS
THE OFFICIAL PUBLIC RECORD AND MUST NOT BE MARKED AS AMENDED OR
INDICATE IN ANY MANNER THAT THE NAME ON THE CIVIL UNION LICENSE HAS
BEEN CHANGED.
SECTION 5. In Colorado Revised Statutes, amend 14-15-111 as
follows:
14-15-111. When civil union licenses issued - validity. The county
clerk and recorder shall issue a civil union license only during the hours that
the office of the county clerk and recorder is open as prescribed by law and
at no other time and shall show the exact date and hour of the license's
issue. NEW CIVIL UNION LICENSES ISSUED PURSUANT TO SECTION 14-2-110
(3)(a) MUST SHOW THE DATE AND HOUR OF ISSUANCE OF THE NEW LICENSE,
BUT THE EFFECTIVE DATE OF THE CIVIL UNION IS THE DATE LISTED ON THE
ORIGINAL CIVIL UNION LICENSE. NEW CIVIL UNION LICENSES ISSUED
PURSUANT TO SECTION 14-2-110 (3)(a) ARE VALID. A civil union license is
not valid for use outside the state of Colorado. Within the state, a civil
union license is not valid for more than thirty-five days after the date of
issue. If a civil union license is not used within thirty-five days, it is void,
and one of the parties shall return the civil union license to the county clerk
and recorder that issued the license for cancellation.
SECTION 6. In Colorado Revised Statutes, add 22-1-145.5 as
follows:
22-1-145.5. Policies related to chosen names - definition. (1) AS
USED IN THIS SECTION, "LOCAL EDUCATION PROVIDER" MEANS A SCHOOL
DISTRICT, A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT
PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL
AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART
5 OF ARTICLE 30.5 OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES
CREATED AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT
OPERATES ONE OR MORE PUBLIC SCHOOLS, OR A FACILITY SCHOOL APPROVED
PURSUANT TO SECTION 22-2-407.
(2) IF A LOCAL EDUCATION PROVIDER OR ITS EMPLOYEES, AN
EDUCATOR, OR A CONTRACTOR, AS DEFINED IN SECTION 22-1-143, CHOOSES
TO ENACT OR ENFORCE A POLICY RELATED TO NAMES, THAT POLICY MUST BE
INCLUSIVE OF ALL REASONS THAT A STUDENT MIGHT ADOPT A NAME THAT
PAGE 3-HOUSE BILL 25-1312
DIFFERS FROM THE STUDENT'S LEGAL NAME.
SECTION 7. In Colorado Revised Statutes, 22-32-109.1, amend
(2)(a)(I) introductory portion and (2)(a)(I)(J) as follows:
22-32-109.1. Board of education - specific powers and duties -
safe school plan - conduct and discipline code - safe school reporting
requirements - school response framework - school resource officers -
definitions. (2) Safe school plan. To provide a learning environment that
is safe, conducive to the learning process, and free from unnecessary
disruption, each school district board of education or institute charter school
board for a charter school authorized by the charter school institute shall,
following consultation with the school district accountability committee and
school accountability committees, parents, teachers, administrators,
students, student councils where available, and, where appropriate, the
community at large, adopt and implement a safe school plan, or review and
revise, as necessary in response to any relevant data collected by the school
district, any existing plans or policies already in effect. In addition to the
aforementioned parties, each school district board of education, in adopting
and implementing its safe school plan, may consult with victims' advocacy
organizations, school psychologists, local law enforcement, and community
partners. The plan, at a minimum, must include the following:
(a) Conduct and discipline code. (I) A concisely written conduct
and discipline code that must be enforced uniformly, fairly, and consistently
for all students. Copies of the code shall MUST be provided to each student
upon enrollment at the preschool, elementary, middle, and high school
levels and be posted or kept on file at each public school in the school
district. The school district shall take reasonable measures to ensure that
each student of each public school in the school district is familiar with the
code. The code must include, but need not be limited to:
(J) A dress code policy that prohibits students from wearing apparel
that is deemed disruptive to the classroom environment or to the
maintenance of a safe and orderly school. The dress code policy may
require students to wear a school uniform or may establish minimum
standards of dress. THE DRESS CODE POLICY MUST ALLOW EACH STUDENT TO
CHOOSE FROM ANY OF THE OPTIONS PROVIDED IN THE DRESS CODE POLICY.
SECTION 8. In Colorado Revised Statutes, 24-34-301, amend (9);
PAGE 4-HOUSE BILL 25-1312
and add (3.5) as follows:
24-34-301. Definitions. As used in parts 3 to 10 of this article 34,
unless the context otherwise requires:
(3.5) "CHOSEN NAME" MEANS A NAME THAT AN INDIVIDUAL
REQUESTS TO BE KNOWN AS IN CONNECTION TO THE INDIVIDUAL'S
DISABILITY, RACE, CREED, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,
GENDER IDENTITY, GENDER EXPRESSION, MARITAL STATUS, FAMILIAL
STATUS, NATIONAL ORIGIN, OR ANCESTRY, SO LONG AS THE NAME DOES NOT
CONTAIN OFFENSIVE LANGUAGE AND THE INDIVIDUAL IS NOT REQUESTING
THE NAME FOR FRIVOLOUS PURPOSES.
(9) "Gender expression" means an individual's way of reflecting and
expressing the individual's gender to the outside world, typically
demonstrated through appearance, dress, and behavior, CHOSEN NAME, AND
HOW THE INDIVIDUAL CHOOSES TO BE ADDRESSED.
SECTION 9. In Colorado Revised Statutes, add 24-34-300.5 and
24-34-300.7 as follows:
24-34-300.5. Short title. THE SHORT TITLE OF PARTS 3 TO 8 OF THIS
ARTICLE 34 IS THE "COLORADO ANTI-DISCRIMINATION ACT" OR "CADA".
24-34-300.7. Legislative declaration. (1) THE GENERAL ASSEMBLY
FINDS AND DECLARES 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, AS THOSE CLASSES ARE LISTED
IN SECTIONS 24-34-402, 24-34-502, 24-34-601, AND 24-34-701. CADA
PROHIBITS DISCRIMINATION BASED ON THESE PROTECTED CLASSES AND
ENSURES THAT EVERY COLORADAN IS ABLE TO ENJOY FREEDOM FROM
DISCRIMINATION.
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT
COLORADO HAS A LONG HISTORY OF SUPPORTING FREEDOM OF CHOICE FOR
COLORADANS. THIS INCLUDES THE CHOICE TO MAKE DECISIONS RELATED TO
SAFELY SEEKING HEALTH-CARE SERVICES, INCLUDING LEGALLY PROTECTED
HEALTH-CARE ACTIVITIES, AS DEFINED IN SECTION 12-30-121 (1)(d), THAT
SUPPORT MENTAL, PHYSICAL, AND EMOTIONAL WELL-BEING FOR
PAGE 5-HOUSE BILL 25-1312
COLORADANS, THEIR CHILDREN, AND THEIR FAMILY MEMBERS. IT IS THE
PUBLIC POLICY OF COLORADO TO ENSURE THESE IMPORTANT DECISIONS CAN
BE MADE WITHOUT UNNECESSARY GOVERNMENTAL INTERFERENCE.
SECTION 10. In Colorado Revised Statutes, 25-2-113.8, repeal (5)
as follows:
25-2-113.8. Birth certificate modernization act - new birth
certificate following a change in gender designation - short title -
definition. (5) The state registrar may only amend a gender designation for
an individual's birth certificate one time upon the individual's request. Any
further requests from the individual for additional gender designation
changes require the submission of a court order indicating that the gender
designation change is required.
SECTION 11. In Colorado Revised Statutes, 42-2-107, amend
(2)(a)(III) as follows:
42-2-107. Application for license or instruction permit -
anatomical gifts - donations to Emily Keyes - John W. Buckner organ
and tissue donation awareness fund - legislative declaration - rules -
annual report - repeal. (2) (a) (III) The department may only amend a sex
designation for an individual's driver's license one time THREE TIMES upon
the individual's request. Any further requests from the individual for
additional sex designation changes require the submission of a court order
indicating that the sex designation change is required.
SECTION 12. In Colorado Revised Statutes, 42-2-302, amend
(2.5)(b) as follows:
42-2-302. Department may or shall issue - limitations - rules.
(2.5) (b) The department may only amend a sex designation for an
individual's identification card one time THREE TIMES upon the individual's
request. Any further requests from the individual for additional sex
designation changes require the submission of a court order indicating that
the sex designation change is required.
SECTION 13. In Colorado Revised Statutes, 42-2-505, amend
(1.5)(b) as follows:
PAGE 6-HOUSE BILL 25-1312
42-2-505. Identification documents - individuals not lawfully
present - rules. (1.5) (b) The department may only amend a sex
designation for an individual's identification document one time THREE
TIMES upon the individual's request. Any further requests from the
individual for additional sex designation changes require the submission of
a court order indicating that the sex designation change is required.
SECTION 14. Severability. If any provision of this act or the
application of this act to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
SECTION 15. Effective date. This act takes effect upon passage;
except that sections 11, 12, and 13 of this act take effect October 1, 2026.
SECTION 16. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 7-HOUSE BILL 25-1312
the support and maintenance of the departments of the state and state
institutions.
____________________________
____________________________
Julie McCluskie
James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE
PRESIDENT OF
OF REPRESENTATIVES
THE SENATE
____________________________
____________________________
Vanessa Reilly
Esther van Mourik
CHIEF CLERK OF THE HOUSE
SECRETARY OF
OF REPRESENTATIVES
THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 25-1312