| Published April 24, 2025
Colorado’s proposed House Bill 25-1312, known as the “Kelly Loving Act,” has ignited significant debate, particularly among conservative circles. The bill aims to classify “deadnaming” (using a transgender person’s birth name) and “misgendering” (referring to someone by a pronoun not aligned with their gender identity) as forms of “coercive control” in child custody cases and as discriminatory acts under the state’s Anti-Discrimination Act.
Concerns Over Parental Rights
A primary concern among conservatives is the potential erosion of parental rights. The bill stipulates that courts must consider instances of deadnaming or misgendering by a parent as coercive control when determining custody arrangements. Critics argue that this could lead to situations where parents lose custody for not affirming their child’s gender identity, even if done out of concern or religious conviction. Aaron Terr, a First Amendment attorney, warns that the bill risks “punishing parents simply for disagreeing with the state’s preferred views on gender.”
First Amendment and Free Speech Implications
Beyond parental rights, there are apprehensions about free speech. By defining misgendering and deadnaming as discriminatory acts, the bill could compel individuals and businesses to adhere to specific language norms, potentially infringing upon freedom of expression. The America First Policy Institute contends that the bill “would force every Colorado business to adopt gender ideology speech codes or else face ruinous lawsuits.”
Religious and Moral Objections
Many conservatives view the bill as conflicting with religious beliefs and moral convictions. Dr. James Dobson, a prominent Christian leader, argues that the legislation “effectively criminalizes disagreement with gender ideology,” posing a threat to religious liberty and the traditional family structure.
Legislative Status and Outlook
As of April 2025, the Kelly Loving Act has passed the Colorado House and is under consideration in the Democrat-majority Senate. If enacted, it would mark a significant shift in how the state addresses issues of gender identity, parental rights, and discrimination.
Here’s a breakdown of the pros and cons of Colorado’s Kelly Loving Act (HB 25-1312) , with an effort to objectively present both sides:
✅ Pros (Supporters’ Arguments)
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Protection for Transgender Youth
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The bill aims to shield transgender minors from psychological harm caused by deadnaming and misgendering, especially in family court settings.
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Advocates argue this helps ensure that courts prioritize the mental health and identity affirmation of vulnerable youth.
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Expands Anti-Discrimination Protections
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By classifying misgendering and deadnaming as discriminatory under Colorado’s Anti-Discrimination Act, the bill broadens protections for LGBTQ+ individuals.
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Supporters see this as a step toward equal treatment and dignity in both public and private spheres.
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Addresses Coercive Control in Custody Cases
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The bill defines coercive control (including gender-based verbal abuse) as a factor in custody disputes, aiming to protect children from harmful environments.
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This reflects a growing consensus in family law to consider emotional and psychological abuse, not just physical harm.
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Recognizes the Reality of Transgender Experiences
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Backers argue that legislation like this reflects lived realities and brings legal systems up to speed with modern understandings of gender identity.
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❌ Cons (Conservative Concerns)
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Threat to Parental Rights
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Critics argue the bill could lead to parents losing custody simply for not affirming a child’s gender identity, even if their actions are based on deeply held moral, medical, or religious beliefs.
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It risks turning courtrooms into ideological battlegrounds, where disagreement is equated with abuse.
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Chills Free Speech and Belief
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The bill could force individuals and businesses to use specific language or pronouns, which some say amounts to compelled speech.
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This raises serious First Amendment concerns, particularly around freedom of expression and conscience.
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Potential for Misuse in Custody Battles
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Some fear the law could be weaponized during divorces or custody disputes, where one parent uses alleged misgendering to gain leverage.
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It could incentivize false claims or over-policing of language.
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Conflicts with Religious Freedom
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Faith-based groups argue that the bill clashes with biblical or traditional beliefs about gender.
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Critics like Dr. James Dobson warn it would “criminalize disagreement,” violating protections for religious expression.
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Expands Government Overreach
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From a limited-government standpoint, critics worry about the state inserting itself into private family matters and speech norms.
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It’s seen as a slippery slope toward state-sanctioned ideology enforcement.
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Summary Table
| Aspect | Supporters’ View | Conservatives’ View |
|---|---|---|
| Child Protection | Safeguards transgender kids from harm | May mislabel parental concern as abuse |
| Discrimination Protections | Expands civil rights for transgender people | Imposes ideology through legal force |
| Custody Law | Encourages courts to consider emotional well-being | Opens door to biased custody decisions |
| Free Speech | Promotes respectful, inclusive language | Violates freedom of speech and conscience |
| Religious Liberty | N/A | Undermines religious and moral beliefs |
SOURCES: REDSTATE – Thoughts on Colorado’s ‘Deadnaming’ Bill
DESERET NEWS – Colorado bill could strip parents of custody for misgendering their children
DR JAMES DOBSON FAMILY INSTITUTE –
STRAIGHT ARROW NEWS – Colorado may consider deadnaming and misgendering in child custody cases
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