Legal Challenge Filed Against Colorado Law Protecting Transgender Rights
Just four days after Colorado enacted a new law aimed at preventing the misgendering and deadnaming of transgender individuals, anti-trans groups have already launched a legal challenge. The groups claim that certain provisions of the law infringe upon their First Amendment rights.
The lawsuit, filed by four groups and a Colorado physician in federal court in Denver, seeks to invalidate House Bill 1312. This bill, signed into law by Governor Jared Polis, expands the state’s anti-discrimination laws to protect transgender individuals from being misgendered or deadnamed. The plaintiffs argue that this law restricts their ability to use transgender people’s previous names and pronouns, contending that it violates their freedom of speech.
The lawsuit specifically mentions a transgender state legislator whom one of the groups wishes to continue referring to by an incorrect name without facing legal consequences. The plaintiffs claim that the law unfairly favors one side of a contentious public debate and infringes upon their First Amendment rights.
HB-1312, also known as the Kelly Loving Act in honor of a transgender woman who was killed in a mass shooting, provides additional protections for transgender individuals under the state’s anti-discrimination laws. Among other provisions, the law allows individuals to use their chosen names and pronouns without fear of discrimination.
The lawsuit was filed against officials from the Colorado Civil Rights Division and Attorney General Phil Weiser. It was brought forth by a conservative law firm known for its success in previous Supreme Court cases. The plaintiffs are relying on a previous Supreme Court decision involving a Colorado designer’s refusal to create a wedding website for a same-sex couple based on First Amendment grounds.
As the legal battle unfolds, the outcome of this challenge could have significant implications for transgender rights in Colorado. Stay informed on this developing story by signing up for our weekly newsletter, The Spot.