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.
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, 14-10-124, amend
Page 2, Line 4(1.3)(a)(VIII), (1.3)(a)(X), (1.3)(a)(XI), and (1.5)(a)(III.5); and add (1.3)(a)(XII) as follows:
Page 2, Line 514-10-124. Best interests of the child - legislative declaration
Page 2, Line 6- definitions. (1.3) Definitions. For purposes of this section and section 14-10-129 (2)(c), unless the context otherwise requires:
Page 2, Line 7(a) "Coercive control" means a pattern of threatening, humiliating,
Page 2, Line 8or intimidating actions, including assaults or other abuse, that is used to
Page 2, Line 9harm, punish, or frighten an individual. "Coercive control" includes a
Page 3, Line 1pattern of behavior that takes away the individual's liberty or freedom and
Page 3, Line 2strips away the individual's sense of self, including the individual's bodily
Page 3, Line 3integrity and human rights. "Coercive control" includes isolating the
Page 3, Line 4individual from support, exploiting the individual, depriving the
Page 3, Line 5individual of independence, and regulating the individual's everyday
Page 3, Line 6behavior. "Coercive control" includes, but is not limited to, any of the following:
Page 3, Line 7(VIII) Threatening to publish the individual's, or the individual's
Page 3, Line 8child's or relative's, sensitive personal information, including sexually
Page 3, Line 9explicit material or material related to gender-affirming
Page 3, Line 10health-care services, as defined in section 12-30-121 (1)(c), or make reports to the police or authorities;
Page 3, Line 11(X) Threatening the individual, or the individual's child or
Page 3, Line 12relative, with deportation or contacting authorities based on perceived or
Page 3, Line 13actual immigration status, withholding essential documents required for
Page 3, Line 14immigration, or threatening to withdraw or interfere with an active immigration application or process;
orPage 3, Line 15(XI) Forcing the individual, or the individual's child or relative, to take part in criminal activities or child abuse; or
Page 3, Line 16(XII) Deadnaming or misgendering, as those terms are
Page 3, Line 17defined in section 24-34-301, the individual or the individual's child or relative.
Page 3, Line 18(1.5) Allocation of parental responsibilities. The court shall
Page 3, Line 19determine the allocation of parental responsibilities, including parenting
Page 3, Line 20time and decision-making responsibilities, in accordance with the best
Page 3, Line 21interests of the child, giving paramount consideration to the child's safety
Page 3, Line 22and the physical, mental, and emotional conditions and needs of the child as follows:
Page 4, Line 1(a) Determination of parenting time. The court, upon the motion
Page 4, Line 2of either party or upon its own motion, may make provisions for parenting
Page 4, Line 3time that the court finds are in the best interests of the child, with the
Page 4, Line 4child's safety always paramount, unless the court finds, after a hearing,
Page 4, Line 5that parenting time by the party would endanger the child's physical health
Page 4, Line 6or significantly impair the child's emotional development. In addition to
Page 4, Line 7a finding that parenting time would endanger the child's physical health
Page 4, Line 8or significantly impair the child's emotional development, in any order
Page 4, Line 9imposing or continuing a parenting time restriction, the court shall
Page 4, Line 10enumerate the specific factual findings supporting the restriction,
Page 4, Line 11including findings related to domestic violence, child abuse, and child
Page 4, Line 12sexual abuse, and may enumerate the conditions that the restricted party
Page 4, Line 13could fulfill in order to seek modification in the parenting plan. When a
Page 4, Line 14claim of child abuse or neglect, domestic violence, or sexual assault
Page 4, Line 15where there is also a claim that the child was conceived as a result of the
Page 4, Line 16sexual assault has been made to the court, or the court has reason to
Page 4, Line 17believe that a party has committed child abuse or neglect, domestic
Page 4, Line 18violence, or sexual assault where there is also a claim that the child was
Page 4, Line 19conceived as a result of the sexual assault, prior to determining parenting
Page 4, Line 20time, the court shall follow the provisions of subsection (4) of this
Page 4, Line 21section. In determining the best interests of the child for purposes of parenting time, the court shall consider all relevant factors, including:
Page 4, Line 22(III.5) Any report related to domestic violence or coercive
Page 4, Line 23control that is submitted to the court by a child and family investigator,
Page 4, Line 24if one is appointed pursuant to section 14-10-116.5; a professional
Page 4, Line 25parental responsibilities evaluator, if one is appointed pursuant to section
Page 5, Line 114-10-127; or a legal representative of the child, if one is appointed
Page 5, Line 2pursuant to section 14-10-116. The court may consider other testimony
Page 5, Line 3regarding domestic violence from the parties, experts, therapists for any
Page 5, Line 4parent or child, the department of human services, parenting time supervisors, school personnel, or other lay witnesses.
Page 5, Line 5SECTION 3. In Colorado Revised Statutes, add 19-3-220 as follows:
Page 5, Line 619-3-220. Other states' removal laws relating to
Page 5, Line 7gender-affirming health-care services - when unenforceable. (1) It
Page 5, Line 8is against the public policy of this state for the law of another
Page 5, Line 9state to authorize or require a state agency to remove a child
Page 5, Line 10from the child's parent or guardian because the parent or
Page 5, Line 11guardian assisted the child in obtaining gender-affirming health-care services, as defined in section 12-30-121 (1)(c).
Page 5, Line 12(2) A court shall not apply another state's law as
Page 5, Line 13described in subsection (1) of this section to a case or controversy heard in Colorado court.
Page 5, Line 14(3) The court shall not give any force or effect to any
Page 5, Line 15foreign judgment issued in connection with the removal of a
Page 5, Line 16child because the child's parent or guardian assisted the child in obtaining gender-affirming health-care services in this state.
Page 5, Line 17SECTION 4. In Colorado Revised Statutes, add 22-1-145.5 as follows:
Page 5, Line 1822-1-145.5. Policies related to chosen names - definition.
Page 5, Line 19(1) As used in this section, "local education provider" means a
Page 5, Line 20school district, a charter school authorized by a school
Page 5, Line 21district pursuant to part 1 of article 30.5 of this title 22, a
Page 6, Line 1charter school authorized by the state charter school
Page 6, Line 2institute pursuant to part 5 of article 30.5 of this title 22, or a
Page 6, Line 3board of cooperative services created and operating pursuant
Page 6, Line 4to article 5 of this title 22 that operates one or more public
Page 6, Line 5schools, or a facility school approved pursuant to section 22-2-407.
Page 6, Line 6(2) If a local education provider or its employees, an
Page 6, Line 7educator, or a contractor, as defined in section 22-1-143,
Page 6, Line 8chooses to enact or enforce a policy related to chosen names,
Page 6, Line 9that policy must be inclusive of all reasons that a student
Page 6, Line 10might adopt a chosen name that differs from the student's legal name.
Page 6, Line 11SECTION 5. In Colorado Revised Statutes, add 22-1-148 as follows:
Page 6, Line 1222-1-148. Student access to dress code variations. A dress
Page 6, Line 13code adopted or implemented by a local education provider, as
Page 6, Line 14defined in section 22-1-145, must not create or enforce any rules
Page 6, Line 15based on gender and must allow each student to abide by any variation of the dress code.
Page 6, Line 16SECTION 6. In Colorado Revised Statutes, 22-32-109.1, amend (2)(a)(I) introductory portion and (2)(a)(I)(J) as follows:
Page 6, Line 1722-32-109.1. Board of education - specific powers and duties
Page 6, Line 18- safe school plan - conduct and discipline code - safe school reporting
Page 6, Line 19requirements - school response framework - school resource officers
Page 6, Line 20- definitions. (2) Safe school plan. To provide a learning environment
Page 6, Line 21that is safe, conducive to the learning process, and free from unnecessary
Page 6, Line 22disruption, each school district board of education or institute charter
Page 7, Line 1school board for a charter school authorized by the charter school institute
Page 7, Line 2shall, following consultation with the school district accountability
Page 7, Line 3committee and school accountability committees, parents, teachers,
Page 7, Line 4administrators, students, student councils where available, and, where
Page 7, Line 5appropriate, the community at large, adopt and implement a safe school
Page 7, Line 6plan, or review and revise, as necessary in response to any relevant data
Page 7, Line 7collected by the school district, any existing plans or policies already in
Page 7, Line 8effect. In addition to the aforementioned parties, each school district
Page 7, Line 9board of education, in adopting and implementing its safe school plan,
Page 7, Line 10may consult with victims' advocacy organizations, school psychologists,
Page 7, Line 11local law enforcement, and community partners. The plan, at a minimum, must include the following:
Page 7, Line 12(a) Conduct and discipline code. (I) A concisely written conduct
Page 7, Line 13and discipline code that must be enforced uniformly, fairly, and
Page 7, Line 14consistently for all students. Copies of the code
shallPage 7, Line 15to each student upon enrollment at the preschool, elementary, middle, and
Page 7, Line 16high school levels and be posted or kept on file at each public school in
Page 7, Line 17the school district. The school district shall take reasonable measures to
Page 7, Line 18ensure 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 7, Line 19(J) A dress code policy that prohibits students from wearing
Page 7, Line 20apparel that is deemed disruptive to the classroom environment or to the
Page 7, Line 21maintenance of a safe and orderly school. The dress code policy may
Page 7, Line 22require students to wear a school uniform or may establish minimum
Page 7, Line 23standards of dress, but must not create or enforce any rules based
Page 7, Line 24on gender, and must allow each student to abide by any
Page 7, Line 25variation of the dress code.
Page 8, Line 1SECTION 7. In Colorado Revised Statutes, add article 10.5 to title 24 as follows:
Page 8, Line 2ARTICLE 10.5
Public Entities' Use of an Individual's Chosen Name
Page 8, Line 324-10.5-101. Public entities' use of an individual's chosen
Page 8, Line 4name - definitions. (1) As used in this article 10.5, unless the context otherwise requires:
Page 8, Line 5(a) "Chosen name" means a name that an individual
Page 8, Line 6requests to be known as to reflect the individual's gender identity or gender expression.
Page 8, Line 7(b) "Public entity" has the same meaning as set forth in section 24-10-103.
Page 8, Line 8(2) When an individual is required to provide their name
Page 8, Line 9through a written or electronic form administered by a public entity, the following requirements apply:
Page 8, Line 10(a) The form must include an option to provide the
Page 8, Line 11individual's legal name and chosen name, if different from the individual's legal name; and
Page 8, Line 12(b) If an individual provides a chosen name that is
Page 8, Line 13different from the individual's legal name, the chosen name must
Page 8, Line 14be used on all subsequent forms administered by the public entity.
Page 8, Line 15(3) This section does not prevent a public entity from
Page 8, Line 16using an individual's legal name when required to do so by law
Page 8, Line 17or when necessary to ensure that the identity of the individual
Page 8, Line 18can be verified or that other information pertaining to the
Page 8, Line 19individual that is needed for legal or other legitimate public purposes can be obtained.
Page 9, Line 1SECTION 8. In Colorado Revised Statutes, 24-34-301, add (3.5), (5.5), and (14.5) as follows:
Page 9, Line 224-34-301. Definitions. As used in parts 3 to 10 of this article 34, unless the context otherwise requires:
Page 9, Line 3(3.5) "Chosen name" means a name that an individual
Page 9, Line 4requests to be known as to reflect the individual's gender identity or gender expression.
Page 9, Line 5(5.5) (a) "Deadname" means to purposefully, and with the
Page 9, Line 6intent to disregard the individual's gender identity or gender
Page 9, Line 7expression, refer to an individual by their birth name rather than their chosen name.
Page 9, Line 8(b) For purposes of this subsection (5.5), repeatedly
Page 9, Line 9referring to an individual using their deadname while on notice
Page 9, Line 10of their chosen name is evidence of the intent required by this subsection (5.5).
Page 9, Line 11(14.5) (a) "Misgender" means to purposefully, and with the
Page 9, Line 12intent to disregard the individual's gender identity or gender
Page 9, Line 13expression, refer to an individual using an honorific or pronoun
Page 9, Line 14that conflicts with the individual's gender identity or gender expression.
Page 9, Line 15(b) For purposes of this subsection (14.5), repeatedly
Page 9, Line 16referring to an individual using an honorific or pronoun that
Page 9, Line 17conflicts with the individual's gender identity or gender
Page 9, Line 18expression while on notice that said honorific or pronoun
Page 9, Line 19conflicts with the individual's gender identity or gender
Page 9, Line 20expression is evidence of the intent required by subsection(14.5)(a) of this section.
Page 10, Line 1SECTION 9. In Colorado Revised Statutes, 24-34-601, add (6) as follows:
Page 10, Line 224-34-601. Discrimination in places of public accommodation
Page 10, Line 3- definition. (6) (a) It is a discriminatory practice and unlawful
Page 10, Line 4to, with specific intent to discriminate, publish materials that deadname or misgender an individual.
Page 10, Line 5(b) For purposes of this subsection (6), the refusal of a
Page 10, Line 6pre-publication request for the publisher to use an individual's
Page 10, Line 7chosen name, honorifics, or pronouns can serve as evidence of the intent required by subsection (6)(a) of this section.
Page 10, Line 8SECTION 10. Safety clause. The general assembly finds,
Page 10, Line 9determines, and declares that this act is necessary for the immediate
Page 10, Line 10preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 11the support and maintenance of the departments of the state and state institutions.