Colorado lawmakers are advancing a controversial bill that could strip custody from parents who don’t support their child’s gender transition, drawing fire over concerns of state overreach and ideological enforcement.
AT A GLANCE
- Colorado House Bill 1312 directs courts to weigh “misgendering” in custody rulings
- Critics argue the bill classifies dissenting parents as abusive through “coercive control”
- The proposal bans gender-specific dress codes in schools and mandates name/pronoun use
- Republican lawmakers say they had under 24 hours to review the bill before the hearing
- The bill is advancing with only Democratic support in a deeply polarized legislature
Misgendering May Cost Custody Under New Colorado Bill
A new bill moving through the Colorado legislature is igniting a fierce debate over parental rights, state authority, and transgender protections. House Bill 1312, known as the Kelly Loving Act, would expand anti-discrimination provisions to include “coercive control” related to gender identity—specifically, when a parent refuses to use a child’s preferred name or pronouns during custody battles.
The bill, which passed its first committee vote along party lines, would require courts to consider whether a parent’s actions, such as “deadnaming” or “misgendering,” constitute psychological abuse in custody decisions. According to The Denver Post, the law would strongly favor the parent affirming a child’s gender identity—potentially leading to the other parent losing custody, regardless of their medical or psychological concerns.
Watch coverage of the custody legislation debate.
Redefining Parental Concern as ‘Coercive Control’
Critics say the bill weaponizes family court by equating traditional beliefs or parental skepticism of gender transition with abuse. Under the new framework, using a child’s birth name or referring to them by biological pronouns could be used against a parent in court, a reclassification many argue is both ideologically driven and legally hazardous.
Republican lawmakers have slammed the rushed process behind the bill’s advancement, noting they received less than 24 hours’ notice before hearings—a stark contrast to the typical two-week review period. The lack of deliberation has only intensified suspicions that the bill’s sponsors are attempting to minimize public scrutiny and fast-track a controversial policy change.
“This bill is about ensuring that what we say exists with anti-discrimination is a reality for those who truly live life every day in fear,” said Rep. Lorena Garcia, a lead sponsor, defending the bill’s intent to protect transgender youth from hostile environments.
Beyond the Courts: School Policies and Sanctuary Status
The proposed legislation doesn’t stop at custody rulings. It also targets school policies and state law enforcement practices. House Bill 1312 would ban gender-specific dress codes and require school staff to follow students’ chosen names and pronouns. A separate provision, ultimately removed due to high costs, would have mandated that all state forms reflect an individual’s preferred name.
Colorado has already declared itself a “sanctuary state” for gender transition care, and the bill builds on this by prohibiting state cooperation with other jurisdictions that restrict or criminalize youth gender treatments.
Supporters, including testimony from transgender advocates like Sky Childress, who told legislators “I’m alive today because I had access to gender-affirming care,” argue the bill is a matter of life and death. But others warn it removes the ability of concerned parents to delay or question medical interventions in favor of immediate affirmation.
A Precedent-Setting Power Shift
If passed, HB 1312 would mark one of the most aggressive shifts in custody law related to gender identity in the country, effectively establishing a one-sided framework that mandates affirmation as the legal standard. Opponents argue it undermines parental authority and removes judicial discretion in complex cases involving medical, psychological, and developmental concerns.
Conservative groups have labeled the legislation a form of “state-enabled kidnapping,” as noted in The Federalist, warning it could inspire similar bills in other progressive states.
With Democrats holding the majority in Colorado’s House, the bill is expected to pass its next hurdles. But as national attention grows, the battle over HB 1312 is shaping up to be a high-stakes flashpoint in the ongoing cultural and legal clash over gender identity, child autonomy, and parental rights.
