The Colorado House adopted the bill dubbed the Kelly Loving Act (House Bill 1312), which amends custody statutes to allow courts to treat deadnaming and misgendering as forms of coercive control when determining the best interests of a child. The bill also requires certain school and public‑facing forms and dress codes to be gender‑neutral and allows chosen names to be used in public‑entity forms; it makes deadnaming and misgendering discriminatory acts in the Colorado Anti‑Discrimination Act in places of public accommodation.
Supporters described the statute as protecting transgender and gender‑diverse people and their families from emotional abuse and coercion, and as clarifying how courts should consider harmful name‑ or pronoun‑based conduct. Opponents said the bill raises free‑speech and parental‑rights concerns and cautioned about enforcement and definitions.
The custody provision adds coercive control as a factor the court may consider when allocating parental responsibilities and parenting time. The bill defines coercive control to include "threatening to publish the individual's or the individual's child's or relatives' sensitive personal information, including explicit material or material related to gender affirming health care services" and specifically lists deadnaming and misgendering as examples.
The measure also requires that when a public entity form asks for a person's name, it include an option for a legal name and a chosen name; if a chosen name is provided, subsequent forms must use the chosen name. School dress codes must not create or enforce rules based on gender and must allow students to choose among dress‑code options without regard to gender. The bill creates consequences under the Colorado Anti‑Discrimination Act for intentional deadnaming or misgendering with discriminatory intent.
Floor debate referenced historical context and protections for vulnerable groups alongside concerns about potential unintended consequences. The bill passed on third reading; the recorded vote was 36-20 with eight excused.
Outcome and next steps: With passage, the Kelly Loving Act becomes law; courts, school districts and public entities will need to update policies and forms, and legal challenges or requests for guidance are possible as the new definitions and prohibitions are applied.
Votes at a glance: House Bill 1312 (Kelly Loving Act) — adopted, 36-20 (8 excused).