Colorado potentially faces a major lawsuit regarding a new law on transgender protections and how it could violate free speech and parental rights.
On Friday, Gov. Jared Polis signed into law the Kelly Loving Act, a bill that expands state anti-discrimination protections for transgender individuals by allowing a person’s “chosen name” to qualify as a form of “gender expression” that is protected under the Colorado Anti-Discrimination Act (CADA).
Now that the bill has passed, the group Defending Education (DE) has sued the state on behalf of the Do No Harm, The Colorado Parent Advocacy Network and Protect Kids Colorado groups out of concerns that the law could violate their free speech rights.
“The Act’s new definition of ‘gender expression’ is unconstitutionally overbroad,” the lawsuit provided to Fox News Digital reads. “Because it covers any treatment based on the use of a ‘chosen name’ or other forms of preferred ‘address,’ it punishes many forms of constitutionally protected speech.”
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It continued, “When speakers refer to transgender-identifying individuals using biologically accurate terms, they advance a viewpoint about a hot-button political issue: gender ideology. That kind of speech lies at the core of the First Amendment. But the Act’s definition of ‘gender expression’ makes all such speech discriminatory and unlawful.”
The lawsuit added that since CADA prohibits the “publishing of discriminative matter,” the new act could prohibit and potentially penalize individuals, including parents, for publicly disapproving of changing one’s name and gender.
In a statement to Fox News Digital, Sarah Parshall Perry, Vice President of Defending Education, said the law “muzzles” parents and doctors to protect the state’s “preferred gender orthodoxy.”
“Colorado can’t seem to stop losing at the Supreme Court on constitutional challenges to its anti-discrimination laws. And yet, Governor Polis has nevertheless signed another patently unconstitutional iteration of its Colorado Anti-Discrimination Act—something that can only be described as an exercise of remarkable hubris,” Perry said.
DE is seeking a preliminary and permanent injunction on enforcing this new definition as a violation of the First and Fourteenth Amendments for using “unconstitutionally overbroad” language and enforcing “compelled speech.”
“Do No Harm is proud to challenging Colorado’s absurd so-called anti-discrimination act. Abridging American’s constitutional right to freedom of expression in the name of radical gender ideology is wrong. We expect the court to reaffirm that the Constitution trumps progressive dogma,” said Dr. Stanley Goldfarb, Chairman of Do No Harm.
Fox News Digital reached out to the governor’s office for comment.
The Kelly Loving Act has come under fire by conservatives and Colorado parents since it was introduced in March. Among the protections in the original bill included a ruling that “deadnaming, misgendering, or threatening to publish material related to an individual’s gender-affirming health-care services” could be considered forms of “coercive control” that could affect a parent’s custody over children.
After facing backlash, Colorado lawmakers eventually removed language regarding “deadnaming” and child custody, although opponents still criticized elements of the bill for broad language.
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Colorado has been at the center of several high-profile cases based on its anti-discrimination laws over the past few years. Most infamously, Masterpiece Cakeshop owner Jack Phillips has been sued multiple times over his refusal to bake a cake celebrating a same-sex wedding or a gender transition.
In 2023, the Supreme Court ruled against the state, finding that Colorado’s anti-discrimination laws could not force a graphic designer to create wedding websites for same-sex weddings in violation of her beliefs.
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