Colorado Senate passes heavily amended transgender bill after lengthy debate

State senators on Tuesday voted 20-14 to approve the third and final reading of a bill that would make it illegal to refuse to refer to someone by his or her preferred pronouns or to address them by their birth name if they have since changed it. The bill aims to add so-called misgendering and deadnaming to Colorado’s Anti-Discrimination Act. State lawmakers on Monday night after a second reading passed an amended version of the bill following more than six hours of discussion. While bill supporters claimed the measure would afford individuals who identify as transgender protection from discrimination, opponents said it threatened parental rights and free speech. The amended bill will now move back to the state House for consideration before the end of the legislative session Wednesday. If it is approved with the most recent changes it will move on to Gov. Jared Polis’ desk.

What is the history of the bill? The Colorado House of Representatives in early April passed the measure. It then moved on to the Senate Committee on Judiciary where it faced intense scrutiny. Nearly 700 people signed up to speak against the bill during a public hearing last week, as opposed to 70 who signed up to speak in its defense. Following hours of testimony, the bill’s sponsors removed from the measure a provision that would have allowed judges to consider use of pronouns or a name a child does not prefer as a form of coercion control in custody cases. Parents and religious organizations in the state feared the section could result in the removal of children from their families over gender ideology. Legislators on Monday night also removed a provision that would have shielded parents from prosecution under other state’s laws that protect children from transgender interventions.

During the discussion Monday and the final reading Tuesday, lawmakers said hundreds of Colorado citizens contacted their offices about the law. Several senators shared their concerns that the bill would insert government overreach into the family unit.

GOP state Senator Scott Bright said during the bill's third reading on Tuesday that the bill was not the answer he and other legislators were looking for. Instead, the bill redefined parental caution as coercive control and shielded experimental medicine from accountability, he alleged. He went on to accuse the bill of forcing schools to socially transition students without parental consent and mandating coverage for high-risk, unproven treatments. Legislators who supported the bill said it was aligned with the rights afforded to all Americans under the U.S. Constitution.

What have faith leaders said about the legislation? Ethics and Religious Liberty Commission President Brent Leatherwood and Colorado Baptist Convention Executive Director Mike Proud sent a joint letter to the state Senate urging them to vote against the bill. They said such a law would add to the state's reputation as one that is hostile to Christian and traditional values and beliefs. Meanwhile, a group called Fight1312, named for its opposition to House Bill 1312, gained the support of more than 40 religious leaders in the state.

Dig deeper: Read Glenn T. Stanton’s opinion piece about this bill and another measure that would force insurance companies to cover transgender interventions.