'Insanity': Colo. Bill Seeks To Classify 'Misgendering' As Child Abuse

A proposed bill in Colorado could transform a simple slip of the tongue -- or even a deeply held personal belief -- into a legal nightmare for parents, schools, and businesses.

The bill, HB25-1312 or the "Kelly Loving Act," is sponsored by three state Democrats: Reps. Lorena García and Rebekah Stewart Faith Winter and Senator Chris Kolker. If passed, it would classify so-called "misgendering" or "deadnaming" as child abuse or "coercive control." In other words, parents who don't condone a child's transgender self-identification will be subject to punishment -- including but not limited to losing custody of their own children.

The bill defines misgendering as "purposefully, and with the intent to disregard the individual's gender identity or gender expression, refer to an individual using an honorific or pronoun that conflicts with the individual's gender identity or gender expression." It classifies deadnaming as "to purposefully, and with the intent to disregard the individual's gender identity or gender expression, refer to an individual by their birth name rather than their chosen name."

Yet, the scope of this bill doesn't stop with parents. It extends to others, such as private citizens and businesses too. As Breitbart reported, "The bill would additionally define 'deadnaming' and 'misgendering' as discriminatory acts in the 'Colorado Anti-Discrimination Act,' which would essentially prohibit calling sex-confused individuals by their real names or biological sex in places of public accommodation." Those who don't comply could face fines, business closures, or be forced to take "anti-discrimination" training.

Schools, too, would feel the weight of this bill. Gender-based dress codes could be outlawed, and campuses would have to enforce "inclusive" policies related to "chosen names," meaning that "all reasons" for why "a student might adopt a chosen name that differs from the student's legal name" must be permissible.

"Insanity," wrote Kristi Burton Brown, a member of the Colorado State Board of Education, on X. Breitbart further noted that this bill rests on "the false idea that one can identify as or become a different sex than they were born as." Alongside its marginalization of those who may be opposed to transgenderism, the legislation would also allow children to be taken from their parents in order to "allow them access to mutilating sex change drugs and surgeries."

Public reaction has been swift and fierce, with many voicing outrage on social media. "Things like this cannot be allowed in our society," one wrote. "Sane people need to get themselves and their families out of CO asap," another cautioned. Critics have labeled the bill "compelled speech" and pleaded for an end to "this madness," with a resounding call for Colorado lawmakers to "vote no!"

Experts have also raised alarms. David Closson, director of the Family Research Council's Center for Biblical Worldview, outlined some major concerns in an interview with The Washington Stand. "Number one," he said, "This deals with parental rights and education. It is incredibly alarming that these policies would require schools to use a student's 'chosen name' and pronouns, because this would obviously infringe upon parental rights and may even promote so-called 'gender transition' without parental consent."

His second concern centered on free speech. The bill's prohibition of "misgendering" or "deadnaming" is "incredibly problematic," Closson argued, as it "is an obvious violation of free speech rights," leaving no room for public dissent without repercussions. Closson also highlighted "the health care and insurance policies, which would angle this bill to mandate insurance that covers so-called 'gender-affirming care' and exempts certain medications from monitoring programs." It's "incredibly problematic," he stressed. "Social conservatives question the medical necessity of such treatments," Closson noted, especially because there are "obviously massive long-term effects, particularly for minors, when it comes to these experimental surgeries."

From a biblical perspective, Closson explained that "law should cohere with the natural order" found in Scripture. But legislation such as this "would ride roughshod over free speech and religious liberty concerns. In my view, it is patently unconstitutional, and Christians should be aware of the long-term implications of dangerous legislation like this bill."

Jeff Johnston, a culture and policy analyst at Focus on the Family in Colorado, echoed these concerns in a conversation with TWS. He deemed the bill as "an unconstitutional assault on parents' rights, religious freedom, and freedom of speech." Johnston emphasized that parents should "have the right to raise their children according to what their beliefs are," overseeing their nurture and care. Yet, the Kelly Loving Act would shift that authority to the government.

Additionally, Johnston continued, "It forces businesses and employees to lie and use names and pronouns of those who believe they are the opposite sex or some other so-called gender altogether." Citing the decade-long legal battle of Colorado baker Jack Philips, he argued that such laws compel individuals "to use language that would violate their free speech and their religious freedom" and that doesn't "comport with reality."

Johnston, however, suspects some version of the bill may pass. "I don't know if it'll pass in exactly this form," he admitted, and "there could be lawsuits against it." But "it would take a really concerted effort -- and a lot of money -- to flip our state back to being more conservative." Still, he encouraged Christians and conservatives to act. "Get involved," he urged, "especially locally, finding out what's happening at the local schools ... and then city council offices."

He also stressed the importance of supporting state-level candidates who share "conservative, Christian values," noting that laws shape "people's beliefs and attitudes," as the Apostle Paul suggested when he called the law a teacher. "We've got to get good people in place who have the same values we have."

FRC's Meg Kilgannon, senior fellow for Education Studies, agreed that engagement is critical. "Sadly," she told TWS, "we are now seeing just how destructive, confusing, and dangerous we make the world when we attempt to remake or redefine human beings. For the parent-child relationship to be this degraded by a state action is something unimaginable and unthinkable to many people."

Kilgannon warned that without strong resistance, "we will continue to create a world that our parents and grandparents would find unrecognizable."

Originally published at The Washington Stand