Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes penalties for "dead-naming" or "misgendering" as discriminatory actions and mandates the courts to include such claims in determining the allocation of parenting time in custody cases in Colorado.

Highlights:

• Defines this bill as the "Kelly Loving Act" and establishes penalties for "dead-naming" or "misgendering" as discriminatory actions and mandates the courts to include such claims in determining the allocation of parenting time in custody cases in Colorado (Sec. 1).

• Requires 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 (Sec. 2).

• Requires that courts shall consider reports of coercive control when determining the allocation of parental responsibilities in accordance with the best interests of the child (Sec. 2).

• 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 (Sec. 3).

• Specifies 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 (Sec. 4).

• Establishes 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 (Sec. 5-6).

• Specifies 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 (Sec. 7).

• Specifies that 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 (Sec. 7).

• Defines deadnaming and misgendering as discriminatory acts in the "Colorado Anti-Discrimination Act", and prohibits these discriminatory acts in places of public accommodation (Sec. 8-9).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes penalties for "dead-naming" or "misgendering" as discriminatory actions and mandates the courts to include such claims in determining the allocation of parenting time in custody cases in Colorado.

Highlights:

• Defines this bill as the "Kelly Loving Act" and establishes penalties for "dead-naming" or "misgendering" as discriminatory actions and mandates the courts to include such claims in determining the allocation of parenting time in custody cases in Colorado (Sec. 1).

• Requires 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 (Sec. 2).

• Requires that courts shall consider reports of coercive control when determining the allocation of parental responsibilities in accordance with the best interests of the child (Sec. 2).

• 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 (Sec. 3).

• Specifies 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 (Sec. 4).

• Establishes 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 (Sec. 5-6).

• Specifies 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 (Sec. 7).

• Specifies that 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 (Sec. 7).

• Defines deadnaming and misgendering as discriminatory acts in the "Colorado Anti-Discrimination Act", and prohibits these discriminatory acts in places of public accommodation (Sec. 8-9).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes penalties for "dead-naming" or "misgendering" as discriminatory actions and mandates the courts to include such claims in determining the allocation of parenting time in custody cases in Colorado.

Highlights:

• Defines this bill as the "Kelly Loving Act" and establishes penalties for "dead-naming" or "misgendering" as discriminatory actions and mandates the courts to include such claims in determining the allocation of parenting time in custody cases in Colorado (Sec. 1).

• Requires 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 (Sec. 2).

• Requires that courts shall consider reports of coercive control when determining the allocation of parental responsibilities in accordance with the best interests of the child (Sec. 2).

• 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 (Sec. 3).

• Specifies 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 (Sec. 4).

• Establishes 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 (Sec. 5-6).

• Specifies 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 (Sec. 7).

• Specifies that 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 (Sec. 7).

• Defines deadnaming and misgendering as discriminatory acts in the "Colorado Anti-Discrimination Act", and prohibits these discriminatory acts in places of public accommodation (Sec. 8-9).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 9).

Full Bill Text