HB25-1312 Legal Protections for Transgender Individuals Law and Its Impact

On May 16, 2025, Governor Jared Polis signed HB25-1312 “Legal Protections for Transgender Individuals” into law. HB25-1312 is intended to provide certain legal protections for individuals in the protected class of “sexual orientation, gender identity and gender expression” in Colorado’s Anti-Discrimination Act (CADA) Title 24, Article 34 Discrimination in Places of Public Accommodation (C.R.S. 24-34-601). However, in reality, this new law codifies discrimination against any institution, faith-based or private, and individual with a different belief about human sexuality. It forces all institutions and individuals to conform to government-mandated beliefs about “sexual orientation, gender identity and gender expression” and avoid intentionally “misgendering” or “deadnaming” (using biological pronouns and birthname) under threat of criminal and financial penalties.

In its introduced version, HB25-1312 also made a parent’s position on their child’s trans-identity an element for custody decisions and established Colorado as a “transgender sanctuary state.” Fortunately, the bill’s parental rights violations and sanctuary state provisions were removed in Senate amendments – although they are still practically enforced by legal precedent.

Sec. 7 of the bill defining “misgendering” or “deadnaming” remained in the law. While CADA provides a religious exemption for places “principally used for religious purposes,” that has been judged by the Colorado Civil Rights Division and the Colorado judicial system to only include the four walls of a church building. HB25-1312 therefore still considers faith-based hospitals, clinics, charities, agencies, and social programs like homeless shelters to be subject to the public accommodation clause and not provided a religious exemption from the non-discrimination law. This means many Catholic institutions will remain vulnerable to discrimination lawsuits.

CADA is a massive violation of First Amendment freedoms of speech and conscience, and HB25-1312 amplifies this violation by adding new transgressions to the law (e.g. definitions of “deadnaming” or “misgendering” a trans-identifying individual).

Massive public outcry was ignored against HB25-1312. Senators received over 18,000 emails advocating against the bill. Nearly 700 Coloradans went to the Senate hearing to testify against HB25-1312. The Senate Judiciary Committee silenced hundreds of voices by limiting testimony to only four hours for opponents, turning away over 500 people – many concerned parents.The Catholic bishops of Colorado are aware of the threats CADA pose to the Church in our state. It is crucial that Catholic leaders and ministries continue to operate standing firm on the tenants of our faith and remain confident in our legal protections under the First Amendment of the U.S. Constitution.