Colorado Democrats Advance Bill Allowing State To Yank Custody From Parents Who Refuse To Affirm Their Child’s Gender Identity

Conservatives are calling the legislation ‘the most extreme assault on parental rights and religious freedom we’ve ever seen.’

AP/Jacquelyn Martin
A young person cheers as supporters of transgender rights rally by the Supreme Court, December 4, 2024. AP/Jacquelyn Martin

Democratic lawmakers in Colorado are working to pass a series of bills that could lead to parents being deprived of custody of their children if they are accused of “deadnaming” or “misgendering” them. 

One of the bills, House Bill 25-1312, would require that courts making child-custody decisions consider “deadnaming, misgendering, or threatening to publish material related to an individual’s gender-affirming health-care services as types of coercive control.” It also states that courts “shall consider reports of coercive control when determining the allocation of parental responsibilities in accordance with the best interests of the child.”

Additionally, the bill prohibits Colorado courts from “applying or giving any force or effect” to another state’s law that lets an agency remove a child from a parent’s custody because they let a child receive so-called gender-affirming care. 

Schools that have dress codes would have to allow students to choose “from any of the options provided in the dress code” regardless of their gender. 

The bill also defines “deadnaming” and “misgendering” as “discriminatory acts” in the Colorado Anti-Discrimination Act. 

Another bill, House Bill 25-1309, would block health insurers from “denying or limiting medically necessary gender-affirming health care, as determined and prescribed by a physical or behavioral health-care provider.”

Both bills passed the Colorado House on Sunday and are headed to the Colorado Senate Judiciary Committee for consideration. 

Democrats hold enough seats in both chambers to pass the bills without any Republican votes. 

The House also voted on another bill, Senate Bill 129, which provides protections for abortion providers and gender transition operations. It also prevents residents or businesses from complying with out-of-state civil or criminal investigations for engaging in “legally protected health-care activity or concerning an entity that provides insurance coverage for gender-affirming health-care services or reproductive health care.”

That bill also passed the House with only Democratic support and heads back to the Senate. 

In a post on X, a  Republican state lawmaker, Brandi Bradley, criticized Democrats calling the House into session “on the LORD’s day” to “ram through abortion bills and HB25-1312, the most extreme assault on parental rights and religious freedom we’ve ever seen.”

During a debate on the bills last week, a Republican representative, Chris Richardson, warned, “This may allow a parent who may be navigating an incredibly complex issue with their child to lose custody for not affirming their gender identity they may not understand, agree with or believe is in the child’s best interest.”

“This is not protecting children. It’s weaponizing the courts against parents,” he said. 

The head of the LGBTQ advocacy organization One Colorado, Jax Gonzalez, told the Colorado Sun, “While this isn’t a reactionary bill to the change in leadership at the federal level, it is going to continue to insulate Colorado against attacks on LGBTQ people.”


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