13-05-2025
Kelly Loving Act aims to reinforce existing transgender rights
(COLORADO) — Colorado lawmakers have passed the Kelly Loving Act, a new bill that, if signed into law, would provide new protection for transgender individuals.
HB25-1312 is named after Kelly Loving, a Club Q shooting victim. The bill would create several protections for transgender individuals, including children, and add deadnaming and misgendering as discriminatory acts in the Colorado Anti-Discrimination Act.
'This bill, by far, has generated a lot of conversations,' said Senator Rod Pelton, who detailed that he had received many emails concerning HB25-1312. The bill passed the Senate on Tuesday, May 6, with a 20 to 14 vote, right before it adjourned its regular session on Wednesday, May 7.
The act has sparked concerns from some communities, including parents and educators. In late April, Colorado Springs School District 11 Board of Education Secretary Jason Jorgeson sent a letter on behalf of the Coalition of Colorado Public School Administrators, Board Members, and individuals who influence educational decisions in Colorado, opposing HB25-1312 due to 'significant concerns.'
According to the letter, which has over 80 signatures, the Kelly Loving Act would undermine local control, parental rights, and 'create ambiguity and compliance challenges for schools.' The letter states that the bill penalizes parents for their speech or belief about their child's gender identity.
Read the full letter here:
Colorado-House-Bill-1312-School-Board-Member-Letter-1Download
While some senators also agreed that the bill could put a strain on families and even schools, some senators argued that the policy would help transgender individuals.
'The Kelly Loving Act seeks to increase the amount of dignity and respect that we as a state offer to trans Coloradans,' Senator Julie Gonzales said during the bill's third reading on May 6.'…We all deserve the freedom… Freedom… to make decisions about our bodies, our families, and our futures.'
The letter sent by Jorgenson argues that the chosen names and dress code policy requirements in the bill undermine the district's authority to create policies that align with the needs and values of the communities.
'…The prohibition on gender-specific dress codes may limit schools' ability to maintain clear and equitable standards for student conduct and attire,' the letter says.
Senator Chris Kolker explained that the dress code section of the bill leaves it up to the schools to make it equal for all students.
'I know students go to school dressed a certain way when they leave the house, but when they get to school, they are dressed a different way because their parents don't know,' Kolker said. 'It's just what that child wants to wear, and they come back and change before they get back home. That's not about transgender policy, it's about what that kid's choice is. We are just leaving it to the school to enforce policy, establish policy, enforce it, and make sure it is equal amongst all kids.'
The Kelly Loving Act would also determine the 'allocation of parental responsibilities' when making child custody decisions, and would consider deadnaming, misgendering, or threatening to publish material related to an individual's gender-affirming health-care services as types of coercive control.
Another section of the bill would also prohibit a Colorado court from enforcing another state's law that authorizes a state agency to remove a child from a guardian because the guardian allowed the child to receive gender-affirming healthcare.
'This could strain family relationships and place schools in the challenging position of navigating sensitive custody disputes, diverting resources from our core educational mission,' the letter sent by Jorgenson said.
Kolker further defended the bill, explaining that it is reinforcing previous laws, and it is not about taking parents' rights.
He said that the bill 'reinforces an existing civil rights framework in the Colorado Anti-Discrimination Act, by adding clarity and enforcement precision. It does not create new superior rights for transgender people, nor does it strip rights from anyone else. In practical terms, it says you may not deny someone housing, employment, or public services because they are transgender, that public forms must respect a person's chosen name and gender marker when they have been legally recorded.'
While the Kelly Loving Act has passed both the House and the Senate, it still awaits a signature from Colorado Governor Jared Polis to be considered
'Governor Polis appreciates the work of the bill sponsors and all the advocates involved in the bill's progression, especially in removing the controversial changes to family law from the bill, and will review the final version of the bill.'
To read the full bill, click the link above.
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