'Misgendering' now considered discrimination in this US state: Here's what the law says

Colorado Governor Jared Polis has signed House Bill 1312 into law, marking a significant shift in how the state handles discrimination against transgender individuals. While early drafts of the legislation stirred controversy, its final version still delivers key protections, including restrictions on “misgendering” and “deadnaming” in specific contexts.

The bill, named the “Kelly Loving Act” after a transgender woman killed in the 2022 Club Q shooting, expands Colorado’s anti-discrimination laws. It no longer explicitly mentions the terms “misgendering” or “deadnaming”, but it lays out provisions that indirectly address those actions by mandating inclusive practices across public records, education, and identification documents.

Originally, HB 1312 included far-reaching clauses, including a requirement that courts consider “deadnaming” and “misgendering” in child custody disputes as forms of coercive control. Those sections were ultimately removed after significant public pushback and concerns raised by groups across the political spectrum. Over 700 people signed up to testify at a Senate hearing – the highest number for any bill this session.

Polis, a Democrat and the nation’s first openly gay governor, acknowledged the controversy. He said he was “not comfortable” with the family law provisions in the initial draft, praising the final version for better reflecting public consensus. “A lot of the controversial parts were removed during the legislative process,” he added. “What’s left are a few provisions that make it easier to reflect the gender identity of folks.”

Under the law, individuals can now update their marriage or civil union licences with a new name without the revised certificate being marked as amended. The same applies to sex designation changes on a Colorado driver's licence, which may now be made up to three times before a court order is required.

In educational settings, students are allowed to choose names for any reason if a school has a name policy in place. Dress code policies must now permit all students to choose among available options, regardless of gender identity.

The bill also includes a clause that prevents Colorado courts from recognising laws from other states that would penalise parents for supporting a child’s access to gender-affirming care.

Despite the removal of some of its original provisions, HB 1312 still marks a landmark moment in LGBTQ+ rights in Colorado. Sponsored by Democrats in both chambers, the bill passed 36-20 in the House and 20-14 in the Senate.