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, 14-2-106, 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 supersedes the original license to marry as
Page 3, Line 3the official public record and must not be marked as amended or
Page 3, Line 4indicate in any manner that the name on the license to marry has been changed.
Page 3, Line 5SECTION 3. In Colorado Revised Statutes, amend 14-2-107 as follows:
Page 3, Line 614-2-107. When licenses to marry issued - validity. Licenses to
Page 3, Line 7marry
shallPage 3, Line 8the hours that the office of the county clerk and recorder is open as
Page 3, Line 9prescribed by law and at no other time, and such licenses
shallPage 3, Line 10show the exact date and hour of their issue. New licenses to marry
Page 3, Line 11issued pursuant to section 14-2-106 (3)(a) must show the date and
Page 3, Line 12hour of issuance of the new license, but the effective date of the
Page 3, Line 13marriage is the date listed on the original license to marry.New
Page 3, Line 14licenses to marry issued pursuant to section 14-2-106 (3)(a) are
Page 3, Line 15valid. A license shall not be valid for use outside the state of Colorado.
Page 3, Line 16Within the state, such licenses shall not be valid for more than thirty-five
Page 3, Line 17days after the date of issue. If any license to marry is not used within
Page 3, Line 18thirty-five days, it is void and shall be returned to the county clerk and recorder for cancellation.
Page 3, Line 19SECTION 4. In Colorado Revised Statutes, 14-15-110, add (3) as follows:
Page 3, Line 2014-15-110. Issuance of a civil union license - certification - fee.
Page 3, Line 21(3) (a) If, at any point following the issuance of a valid civil
Page 3, Line 22union license issued pursuant to this section, a party to the civil
Page 3, Line 23union presents the issuing county clerk and recorder with
Page 4, Line 1appropriate documentation of that party's name change and
Page 4, Line 2requests the issuance of a new civil union license, the county
Page 4, Line 3clerk shall issue a new civil union license that reflects the party's name change.
Page 4, Line 4(b) A new civil union license issued pursuant to subsection
Page 4, Line 5(3)(a) of this section supersedes the original civil union license
Page 4, Line 6as the official public record and must not be marked as amended
Page 4, Line 7or indicate in any manner that the name on the civil union license has been changed.
Page 4, Line 8SECTION 5. In Colorado Revised Statutes, amend 14-15-111 as follows:
Page 4, Line 914-15-111. When civil union licenses issued - validity. The
Page 4, Line 10county clerk and recorder shall issue a civil union license only during the
Page 4, Line 11hours that the office of the county clerk and recorder is open as prescribed
Page 4, Line 12by law and at no other time and shall show the exact date and hour of the
Page 4, Line 13license's issue. New civil union licenses issued pursuant to section
Page 4, Line 1414-2-110 (3)(a) must show the date and hour of issuance of the
Page 4, Line 15new license, but the effective date of the civil union is the date
Page 4, Line 16listed on the original civil union license.New civil union
Page 4, Line 17licenses issued pursuant to section 14-2-110 (3)(a) are valid. A
Page 4, Line 18civil union license is not valid for use outside the state of Colorado.
Page 4, Line 19Within the state, a civil union license is not valid for more than thirty-five
Page 4, Line 20days after the date of issue. If a civil union license is not used within
Page 4, Line 21thirty-five days, it is void, and one of the parties shall return the civil
Page 4, Line 22union license to the county clerk and recorder that issued the license for cancellation.
Page 5, Line 1SECTION 6. In Colorado Revised Statutes, add 22-1-145.5 as follows:
Page 5, Line 222-1-145.5. Policies related to chosen names - definition.
Page 5, Line 3(1) As used in this section, "local education provider" means a
Page 5, Line 4school district, a charter school authorized by a school
Page 5, Line 5district pursuant to part 1 of article 30.5 of this title 22, a
Page 5, Line 6charter school authorized by the state charter school
Page 5, Line 7institute pursuant to part 5 of article 30.5 of this title 22, or a
Page 5, Line 8board of cooperative services created and operating pursuant
Page 5, Line 9to article 5 of this title 22 that operates one or more public
Page 5, Line 10schools, or a facility school approved pursuant to section 22-2-407.
Page 5, Line 11(2) If a local education provider or its employees, an
Page 5, Line 12educator, or a contractor, as defined in section 22-1-143,
Page 5, Line 13chooses to enact or enforce a policy related to names, that
Page 5, Line 14policy must be inclusive of all reasons that a student might adopt a name that differs from the student's legal name.
Page 5, Line 16SECTION 7. In Colorado Revised Statutes, 22-32-109.1, amend (2)(a)(I) introductory portion and (2)(a)(I)(J) as follows:
Page 5, Line 1722-32-109.1. Board of education - specific powers and duties
Page 5, Line 18- safe school plan - conduct and discipline code - safe school reporting
Page 5, Line 19requirements - school response framework - school resource officers
Page 5, Line 20- definitions. (2) Safe school plan. To provide a learning environment
Page 5, Line 21that is safe, conducive to the learning process, and free from unnecessary
Page 5, Line 22disruption, each school district board of education or institute charter
Page 5, Line 23school board for a charter school authorized by the charter school institute
Page 6, Line 1shall, following consultation with the school district accountability
Page 6, Line 2committee and school accountability committees, parents, teachers,
Page 6, Line 3administrators, students, student councils where available, and, where
Page 6, Line 4appropriate, the community at large, adopt and implement a safe school
Page 6, Line 5plan, or review and revise, as necessary in response to any relevant data
Page 6, Line 6collected by the school district, any existing plans or policies already in
Page 6, Line 7effect. In addition to the aforementioned parties, each school district
Page 6, Line 8board of education, in adopting and implementing its safe school plan,
Page 6, Line 9may consult with victims' advocacy organizations, school psychologists,
Page 6, Line 10local law enforcement, and community partners. The plan, at a minimum, must include the following:
Page 6, Line 11(a) Conduct and discipline code. (I) A concisely written conduct
Page 6, Line 12and discipline code that must be enforced uniformly, fairly, and
Page 6, Line 13consistently for all students. Copies of the code
shallPage 6, Line 14to each student upon enrollment at the preschool, elementary, middle, and
Page 6, Line 15high school levels and be posted or kept on file at each public school in
Page 6, Line 16the school district. The school district shall take reasonable measures to
Page 6, Line 17ensure 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 6, Line 18(J) A dress code policy that prohibits students from wearing
Page 6, Line 19apparel that is deemed disruptive to the classroom environment or to the
Page 6, Line 20maintenance of a safe and orderly school. The dress code policy may
Page 6, Line 21require students to wear a school uniform or may establish minimum
Page 6, Line 22standards of dress. The dress code policy must allow each student
Page 6, Line 23to choose from any of the options provided in the dress code policy.
Page 7, Line 1SECTION 8. In Colorado Revised Statutes, 24-34-301, amend(9); and add (3.5) as follows:
Page 7, Line 224-34-301. Definitions. As used in parts 3 to 10 of this article 34, unless the context otherwise requires:
Page 7, Line 3(3.5) "Chosen name" means a name that an individual
Page 7, Line 4requests to be known as in connection to the individual's
Page 7, Line 5disability, race, creed, color, religion, sex, sexual orientation,
Page 7, Line 6gender identity, gender expression, marital status, familial
Page 7, Line 7status, national origin, or ancestry, so long as the name does
Page 7, Line 8not contain offensive language and the individual is not requesting the name for frivolous purposes.
Page 7, Line 9(9) "Gender expression" means an individual's way of reflecting
Page 7, Line 10and expressing the individual's gender to the outside world, typically
Page 7, Line 11demonstrated through appearance, dress,
andPage 7, Line 12SECTION 9. In Colorado Revised Statutes, add 24-34-300.5 and 24-34-300.7 as follows:
Page 7, Line 1324-34-300.5. Short title.The short title of parts 3 to 8 of
Page 7, Line 14this article 34 is the "Colorado Anti-discrimination Act" or "CADA".
Page 7, Line 1524-34-300.7. Legislative declaration. (1) The general
Page 7, Line 16assembly finds and declares that each Coloradan has the right
Page 7, Line 17to access fair employment, housing opportunities, public
Page 7, Line 18accommodations, and advertising that is free from
Page 7, Line 19discrimination regardless of their membership in a protected
Page 7, Line 20class, as those classes are listed in sections 24-34-402, 24-34-502,
Page 7, Line 2124-34-601, and 24-34-701. CADA prohibits discrimination based on
Page 8, Line 1these protected classes and ensures that every Coloradan is able to enjoy freedom from discrimination.
Page 8, Line 2(2) The general assembly further finds and declares that
Page 8, Line 3Colorado has a long history of supporting freedom of choice for
Page 8, Line 4Coloradans. This includes the choice to make decisions related
Page 8, Line 5to safely seeking health-care services, including legally
Page 8, Line 6protected health-care activities, as defined in section 12-30-121
Page 8, Line 7(1)(d), that support mental, physical, and emotional well-being
Page 8, Line 8for Coloradans, their children, and their family members. It is
Page 8, Line 9the public policy of Colorado to ensure these important
Page 8, Line 10decisions can be made without unnecessary governmental interference.
Page 8, Line 11SECTION 10. In Colorado Revised Statutes, 25-2-113.8, repeal (5) as follows:
Page 8, Line 1225-2-113.8. Birth certificate modernization act - new birth
Page 8, Line 13certificate following a change in gender designation - short title -
Page 8, Line 14definition. (5)
The state registrar may only amend a gender designationPage 8, Line 15
for an individual's birth certificate one time upon the individual's request.Page 8, Line 16
Any further requests from the individual for additional gender designationPage 8, Line 17
changes require the submission of a court order indicating that the gender designation change is required.Page 8, Line 18SECTION 11. In Colorado Revised Statutes, 42-2-107, amend (2)(a)(III) as follows:
Page 8, Line 1942-2-107. Application for license or instruction permit -
Page 8, Line 20anatomical gifts - donations to Emily Keyes - John W. Buckner organ
Page 8, Line 21and tissue donation awareness fund - legislative declaration - rules -
Page 8, Line 22annual report - repeal. (2) (a) (III) The department may only amend a
Page 9, Line 1sex designation for an individual's driver's license
one timePage 9, Line 2upon the individual's request. Any further requests from the individual for
Page 9, Line 3additional sex designation changes require the submission of a court order indicating that the sex designation change is required.
Page 9, Line 4SECTION 12. In Colorado Revised Statutes, 42-2-302, amend (2.5)(b) as follows:
Page 9, Line 542-2-302. Department may or shall issue - limitations - rules.
Page 9, Line 6(2.5) (b) The department may only amend a sex designation for an
Page 9, Line 7individual's identification card
one timePage 9, Line 8individual's request. Any further requests from the individual for
Page 9, Line 9additional sex designation changes require the submission of a court order indicating that the sex designation change is required.
Page 9, Line 10SECTION 13. In Colorado Revised Statutes, 42-2-505, amend (1.5)(b) as follows:
Page 9, Line 1142-2-505. Identification documents - individuals not lawfully
Page 9, Line 12present - rules. (1.5) (b) The department may only amend a sex
Page 9, Line 13designation for an individual's identification document
one timePage 9, Line 14times upon the individual's request. Any further requests from the
Page 9, Line 15individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required.
Page 9, Line 16SECTION 14. Severability. If any provision of this act or the
Page 9, Line 17application of this act to any person or circumstance is held invalid, the
Page 9, Line 18invalidity does not affect other provisions or applications of the act that
Page 9, Line 19can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Page 9, Line 20SECTION 15. Effective date. This act takes effect upon passage;
Page 9, Line 21except that sections 11, 12, and 13 of this act take effect October 1, 2026.
Page 10, Line 1SECTION 16. Safety clause. The general assembly finds,
Page 10, Line 2determines, and declares that this act is necessary for the immediate
Page 10, Line 3preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 4the support and maintenance of the departments of the state and state institutions.