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Colorado Faces Federal Lawsuits Over New Transgender Protections Law

Parent and advocacy groups challenge the Kelly Loving Act, alleging violations of free speech and constitutional rights.

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Jamie Frederick wears pins during hearings on HB1312 in the Old Supreme Court hearing room at the Colorado State Capitol in Denver on April 30, 2025.  The Senate Judiciary Committee listened to testimony from opponents and proponents of HB1312, which would extend legal protections to transgender people. Legislators took testimony for a total of 8 hours from both sides of the issue. The bill is deeply contentious on two fronts: Republicans and "parental-rights" folks are opposed and some prominent LGBTQ+ groups have also expressed skepticism, belatedly, about some of its provisions because of legal fears. Over 400 hundred people testified for and against the bill. At the end of it the bill's backers introduced amendments stripping out provisions of the bill. (Photo by Helen H. Richardson/The Denver Post)
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Overview

  • The Kelly Loving Act, signed into law on May 8, 2025, protects chosen names and pronouns as forms of gender expression under Colorado’s anti-discrimination law.
  • Defending Education and allied groups filed a federal lawsuit on May 19, 2025, claiming the law’s compelled speech provisions violate the First Amendment.
  • The lawsuit argues that requiring the use of chosen names and pronouns suppresses traditional beliefs about sex and gender.
  • A separate lawsuit filed earlier this month by a Colorado Springs-area school district challenges the law’s sports participation rules for transgender students.
  • Both lawsuits seek injunctions to block enforcement of the law while the cases proceed, potentially delaying its implementation.