A Bill for an Act
Page 1, Line 101Concerning legal protections for transgender individuals.
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.
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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Short title. The short title of this act is the "Kelly Loving Act".
Page 2, Line 3SECTION 2. In Colorado Revised Statutes, 14-2-106, add (3) as follows:
Page 2, Line 414-2-106. License to marry. (3) (a) If, at any point following
Page 2, Line 5the issuance of a valid license to marry issued pursuant to this
Page 2, Line 6section, a party to the marriage presents the issuing county
Page 2, Line 7clerk and recorder with appropriate documentation of that
Page 2, Line 8party's name change and requests the issuance of a new license
Page 2, Line 9to marry, the county clerk shall issue a new license to marry
Page 2, Line 10that reflects the party's name change.
Page 3, Line 1(b) A new license to marry issued pursuant to subsection
Page 3, Line 2(3)(a) of this section must replace the original license to marry
Page 3, Line 3in the county and recorder's public records and must not be
Page 3, Line 4marked as amended or indicate in any manner that the name on the license to marry has been changed.
Page 3, Line 6SECTION 3. In Colorado Revised Statutes, add 19-3-220 as follows:
Page 3, Line 719-3-220. Other states' removal laws relating to
Page 3, Line 8gender-affirming health-care services - when unenforceable. (1) It
Page 3, Line 9is against the public policy of this state for the law of another
Page 3, Line 10state to authorize or require a Colorado state agency to
Page 3, Line 11remove a child from the child's parent or guardian because the
Page 3, Line 12parent or guardian assisted the child in obtaining
Page 3, Line 13gender-affirming health-care services, as defined in section 12-30-121 (1)(c).
Page 3, Line 14(2) A court shall not apply another state's law as
Page 3, Line 15described in subsection (1) of this section to a case or controversy heard in Colorado court.
Page 3, Line 17SECTION 4. In Colorado Revised Statutes, add 22-1-145.5 as follows:
Page 3, Line 1822-1-145.5. Policies related to chosen names - definition.
Page 3, Line 19(1) As used in this section, "local education provider" means a
Page 3, Line 20school district, a charter school authorized by a school
Page 3, Line 21district pursuant to part 1 of article 30.5 of this title 22, a
Page 3, Line 22charter school authorized by the state charter school
Page 4, Line 1institute pursuant to part 5 of article 30.5 of this title 22, or a
Page 4, Line 2board of cooperative services created and operating pursuant
Page 4, Line 3to article 5 of this title 22 that operates one or more public
Page 4, Line 4schools, or a facility school approved pursuant to section 22-2-407.
Page 4, Line 5(2) If a local education provider or its employees, an
Page 4, Line 6educator, or a contractor, as defined in section 22-1-143,
Page 4, Line 7chooses to enact or enforce a policy related to names, that
Page 4, Line 8policy must be inclusive of all reasons that a student might adopt a name that differs from the student's legal name.
Page 4, Line 10SECTION 5. In Colorado Revised Statutes, 22-32-109.1, amend (2)(a)(I) introductory portion and (2)(a)(I)(J) as follows:
Page 4, Line 1122-32-109.1. Board of education - specific powers and duties
Page 4, Line 12- safe school plan - conduct and discipline code - safe school reporting
Page 4, Line 13requirements - school response framework - school resource officers
Page 4, Line 14- definitions. (2) Safe school plan. To provide a learning environment
Page 4, Line 15that is safe, conducive to the learning process, and free from unnecessary
Page 4, Line 16disruption, each school district board of education or institute charter
Page 4, Line 17school board for a charter school authorized by the charter school institute
Page 4, Line 18shall, following consultation with the school district accountability
Page 4, Line 19committee and school accountability committees, parents, teachers,
Page 4, Line 20administrators, students, student councils where available, and, where
Page 4, Line 21appropriate, the community at large, adopt and implement a safe school
Page 4, Line 22plan, or review and revise, as necessary in response to any relevant data
Page 4, Line 23collected by the school district, any existing plans or policies already in
Page 4, Line 24effect. In addition to the aforementioned parties, each school district
Page 5, Line 1board of education, in adopting and implementing its safe school plan,
Page 5, Line 2may consult with victims' advocacy organizations, school psychologists,
Page 5, Line 3local law enforcement, and community partners. The plan, at a minimum, must include the following:
Page 5, Line 4(a) Conduct and discipline code. (I) A concisely written conduct
Page 5, Line 5and discipline code that must be enforced uniformly, fairly, and
Page 5, Line 6consistently for all students. Copies of the code
shallPage 5, Line 7to each student upon enrollment at the preschool, elementary, middle, and
Page 5, Line 8high school levels and be posted or kept on file at each public school in
Page 5, Line 9the school district. The school district shall take reasonable measures to
Page 5, Line 10ensure 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:
Page 5, Line 11(J) A dress code policy that prohibits students from wearing
Page 5, Line 12apparel that is deemed disruptive to the classroom environment or to the
Page 5, Line 13maintenance of a safe and orderly school. The dress code policy may
Page 5, Line 14require students to wear a school uniform or may establish minimum
Page 5, Line 15standards of dress. The dress code policy must allow each student
Page 5, Line 16to choose from any of the options provided in the dress code policy.
Page 5, Line 18SECTION 6. In Colorado Revised Statutes, 24-34-301, add (3.5), (5.5), and (14.5) as follows:
Page 5, Line 1924-34-301. Definitions. As used in parts 3 to 10 of this article 34, unless the context otherwise requires:
Page 5, Line 20(3.5) "Chosen name" means a name that an individual
Page 5, Line 21requests to be known as to reflect the individual's gender
Page 5, Line 22identity or gender expression.
Page 6, Line 1(5.5) "Deadname" means to purposefully, and with the
Page 6, Line 2intent to disregard the individual's gender identity or gender
Page 6, Line 3expression, refer to an individual by their birth name rather than their chosen name.
Page 6, Line 5(14.5) "Misgender" means to purposefully, and with the
Page 6, Line 6intent to disregard the individual's gender identity or gender
Page 6, Line 7expression, refer to an individual using an honorific or pronoun
Page 6, Line 8that conflicts with the individual's gender identity or gender expression.
Page 6, Line 10SECTION 7. In Colorado Revised Statutes, add 24-34-306.5 as follows:
Page 6, Line 1124-34-306.5. Evidence of discrimination based on gender
Page 6, Line 12identity or gender expression. (1) Evidence of a discriminatory or
Page 6, Line 13an unfair practice based on gender identity or gender expression includes:
Page 6, Line 14(a) The persistent deadnaming of an individual while on notice of the individual's chosen name; or
Page 6, Line 15(b) The persistent misgendering of an individual while on notice of the individual's gender identity or gender expression.
Page 6, Line 16(2) This section does not prevent a public entity, employer,
Page 6, Line 17or housing provider from using an individual's legal name or
Page 6, Line 18legal sex when required to do so by law to ensure that the
Page 6, Line 19identity of the individual can be verified or that other
Page 6, Line 20information pertaining to the individual that is needed for legal
Page 6, Line 21or other legitimate public purposes can be obtained.
Page 7, Line 1SECTION 8. In Colorado Revised Statutes, 25-2-113.8, repeal (5) as follows:
Page 7, Line 225-2-113.8. Birth certificate modernization act - new birth
Page 7, Line 3certificate following a change in gender designation - short title -
Page 7, Line 4definition. (5)
The state registrar may only amend a gender designationPage 7, Line 5
for an individual's birth certificate one time upon the individual's request.Page 7, Line 6
Any further requests from the individual for additional gender designationPage 7, Line 7
changes require the submission of a court order indicating that the gender designation change is required.Page 7, Line 8SECTION 9. In Colorado Revised Statutes, 42-2-107, repeal (2)(a)(III) as follows:
Page 7, Line 942-2-107. Application for license or instruction permit -
Page 7, Line 10anatomical gifts - donations to Emily Keyes - John W. Buckner organ
Page 7, Line 11and tissue donation awareness fund - legislative declaration - rules -
Page 7, Line 12annual report - repeal. (2) (a) (III)
The department may only amend aPage 7, Line 13
sex designation for an individual's driver's license one time upon thePage 7, Line 14
individual's request. Any further requests from the individual forPage 7, Line 15
additional sex designation changes require the submission of a court order indicating that the sex designation change is required.Page 7, Line 16SECTION 10. In Colorado Revised Statutes, 42-2-302, repeal (2.5)(b) as follows:
Page 7, Line 1742-2-302. Department may or shall issue - limitations - rules.
Page 7, Line 18(2.5) (b)
The department may only amend a sex designation for anPage 7, Line 19
individual's identification card one time upon the individual's request.Page 7, Line 20
Any further requests from the individual for additional sex designationPage 7, Line 21
changes require the submission of a court order indicating that the sexPage 7, Line 22
designation change is required.Page 8, Line 1SECTION 11. In Colorado Revised Statutes, 42-2-505, repeal (1.5)(b) as follows:
Page 8, Line 242-2-505. Identification documents - individuals not lawfully
Page 8, Line 3present - rules. (1.5) (b)
The department may only amend a sexPage 8, Line 4
designation for an individual's identification document one time upon thePage 8, Line 5
individual's request. Any further requests from the individual forPage 8, Line 6
additional sex designation changes require the submission of a court order indicating that the sex designation change is required.Page 8, Line 7SECTION 12. Severability. If any provision of this act or the
Page 8, Line 8application of this act to any person or circumstance is held invalid, the
Page 8, Line 9invalidity does not affect other provisions or applications of the act that
Page 8, Line 10can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Page 8, Line 11SECTION 13. Safety clause. The general assembly finds,
Page 8, Line 12determines, and declares that this act is necessary for the immediate
Page 8, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 14the support and maintenance of the departments of the state and state institutions.