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The sweeping measure doesn’t just punish the use of someone’s birth name or biological pronouns—it embeds those infractions directly into state discrimination law. Under the bill’s language, both “deadnaming” (referring to a transgender person by their previous name) and “misgendering” are now defined as discriminatory conduct, raising serious questions about enforcement and free speech implications.
Parental Rights Undermined
Tucked inside the bill is a provision that effectively blocks courts from honoring any out-of-state laws that penalize parents for allowing their children to undergo gender-transition procedures. This means if another state strips custody from a parent for enabling “gender-affirming care,” Colorado will refuse to recognize that ruling.
Another provision forces family courts to consider “deadnaming” and “misgendering” as acts of “coercive control” when determining child custody and parenting time. Critics argue this sets a dangerous precedent that could weaponize gender ideology in divorce proceedings.
Schools, Educators Now on Notice
The law also extends to public education. If a school or teacher decides to implement a chosen-name policy, that policy must now accommodate any reason a student might choose a name different from their legal one. In addition, school dress codes must allow students to pick attire from any of the options available, regardless of gender alignment.
“Colorado law now explicitly protects transgender people from being ‘deadnamed’ or misgendered in certain places under legislation signed into law Friday by Gov. Jared Polis,” reported The Denver Post.
This new mandate places teachers, administrators, and even contractors under strict obligations when it comes to student identity. Those who fail to comply could be subject to legal action under the revised anti-discrimination guidelines.
Legal Identity Exceptions Narrow
Although the bill allows for the use of legal names when explicitly required by law—for example, in legal identification or government documentation—it makes clear that all other usage must comply with the individual’s preferred identity, regardless of setting.
Additionally, the law now requires marriage certificates to be updated without any visible indication that a name change has occurred—an attempt, lawmakers say, to protect transgender privacy. This could make it more difficult to verify identities in some situations, raising concerns from legal experts and public safety advocates.
Critics: First Amendment Under Assault
Free speech advocates warn that this law opens the door to further restrictions on personal beliefs, religious expression, and simple misunderstandings. What was once protected expression or even accidental misstatement could now be deemed a civil rights violation.
“Another day, another attack on the First Amendment,” one conservative commentator posted on social media following the bill’s signing.
Governor Polis, a Democrat and the nation’s first openly gay male governor, has long positioned himself as a champion of LGBTQ causes. But this latest bill may mark a new chapter in the ongoing battle between transgender advocacy and constitutionally protected speech.
Whether this law will withstand legal challenges remains to be seen. What is clear, however, is that Colorado just became ground zero in the national fight over compelled speech and identity politics.
