CO Legislation

Update on Lawsuits Challenging Colorado’s Radical ‘Trans’ Law

There has been a new development in the federal lawsuits challenging the constitutionality of Colorado’s recently enacted “trans” law. 

Three groups — Colorado Springs Christian bookstore Born Again Used Books, parent advocacy organizations and women’s sports apparel company XX-XY Athletics — filed the suits to challenge House Bill 25-1312, which became Colorado law in May 2025. 

The law requires places of public accommodation, like bookstores, to use people’s “preferred” pronouns and titles, or face discrimination claims. 

Each of the three cases requested a preliminary injunction to prevent the state from enforcing the law against them while litigation proceeds. 

Following a recent hearing, it appears the magistrate judge will recommend against granting that temporary protection. However, the final decision will be made by the presiding district judge.

The Law

According to parent rights advocates at Defending Education, the law’s definition of public accommodation is broad enough that it could extend to situations involving parents and children in public settings, potentially exposing individuals to discrimination complaints for speech-related conduct.

Focus on the Family opposed the law, noting it would threaten parental rights and free speech by forcing schools and businesses to adopt “gender-affirming” policies that violate their beliefs.

Focus on the Family President, Jim Daly, spoke out against the bill. Three representatives from the organization testified against the measure, and in support of parental rights and free speech, at the state capitol.

Born Again Used Books Lawsuit

In its July 2025 complaint, Born Again Used Books argued that the law could force the business to communicate messages that conflict with its religious beliefs.

As reported by the Daily Citizen, the bookstore maintains it will serve all customers, but objects to being compelled to use language that conflicts with its belief that sex is biologically determined and immutable.

The owners argue the requirement to use “preferred” pronouns would violate their First Amendment rights.

Parent Advocacy Groups Lawsuit

The plaintiffs in the parent advocacy lawsuit include Defending Education, Colorado Parent Advocacy Network, Protect Kids Colorado, Do No Harm and Dr. Travis Morrell.

Their complaint argues the new law “punishes Coloradans for their speech and compels them to use language endorsing the State’s views on highly contested and highly political matters of sex and gender.”

XX-XY Athletics Lawsuit

XX-XY Athletics, a pro-woman sports apparel company, regularly criticizes policies that allow males to compete in female sports. The company argues the law could require it to use language in advertising and public communications that contradicts its stated views.

The company maintained that being compelled to adopt such language would violate its First Amendment rights.

Recent Legal Action

Although each lawsuit raises distinct legal claims, the court is treating them as related cases for procedural purposes.

Last week, a magistrate judge held a hearing on the plaintiffs’ request for a preliminary injunction — which would temporarily block enforcement of the law while the constitutional claims are litigated.

According to Courthouse News Service, the magistrate judge indicated she is likely to recommend denying the injunction. She stated, “The evidence shows the plaintiffs feel more pressure from the public at large than from the state. Thus, from the court’s perspective, plaintiffs’ own statements show an injunction would be of little practical use.”

This suggests the court may not believe the plaintiffs demonstrated the immediate harm necessary to justify emergency relief.

The magistrate judge is expected to issue a written recommendation to U.S. District Judge Regina Rodriguez, who will ultimately decide whether to accept, reject, or modify it.

This decision relates only to a preliminary injunction — not whether the law is constitutional.

What Happens Next

Even if the preliminary injunction is denied, the lawsuit will continue to be litigated on the merits of the case. 

The core constitutional claims — involving free speech and religious freedom — remain unresolved.

If temporary relief is ultimately refused, the plaintiffs could appeal to the Tenth Circuit Court of Appeals, but only on the injunction question.

The Daily Citizen will continue to follow this developing story.

Focus on the Family Testifies Against Nightmare Bill, Colorado’s Radical ‘Trans’ Legislation Advances

On Wednesday, April 30, Colorado lawmakers advanced one of the most radical trans bills in the history of Colorado, and likely, the nation.

HB25-1312 has received nationwide attention because it’s an attempt to codify extreme gender ideology that will threaten parental rights, free speech and religious freedom.

As introduced, the bill would compel loving parents who disagree with transgender ideology to affirm their minor child’s gender confusion or face losing custody of that child.

It would also threaten free speech by forcing schools and businesses to support gender-affirming policies and language or be sued for discrimination.

Over the last few weeks, thousands of people attended multiple rallies at the Denver Capitol to oppose the legislation.

Over 37,000 Coloradans signed a petition asking for lawmakers to kill the bill; more than 100,000 emails were sent to state senators urging those lawmakers to vote against the measure.

More than 700 people registered to give public testimony on the bill in the Senate Judiciary Committee — 80% of those individuals opposing the measure.

The public filled the main committee room and four additional overflow rooms.

In the end, lawmakers who support the bill limited public comment to only eight hours. Testimony began around 3:30 p.m. and concluded just before midnight which only allowed around 240 people (of the more than 700 registered) to testify.

Many people, including families, stayed late into the night, waiting for an opportunity to speak against the bill.

Focus on the Family had three of their analysts testify against the heinous measure and in support of families, parental rights and free speech.

Before passage, the Senate Judiciary Committee approved amendments to the bill in an attempt to silence the opposition, but those amendments were not sufficient to address the serious free speech, parental rights and religious freedom concerns.

The measure was passed out of committee by a party line vote of 5-2. It now moves to the full Senate for a vote.

The bill will need to go back to the House for another vote (because of amendments added by the Senate) before the legislative session ends next Wednesday, May 7.

Concerned Coloradans can still let their voices be heard by urging their senators and representatives to vote no on HB25-1312.

At Focus on the Family we know that parents have the God-given, fundamental right to direct the upbringing of their children including their healthcare decisions and their moral or religious training.

This is an obvious attempt to force state-sponsored radical gender ideology speech on Colorado families and it’s unconstitutional.

Oppose Colorado’s Radical Abortion and ‘Transgender Rights’ Legislation

There are currently two pieces of radical legislation that would force taxpayers to pay for abortions and threaten parental rights. Focus on the Family needs our Colorado friends to stand firm against these two bills.

Abortion Bill

First, an extreme abortion bill – HB25-183 – has already been passed by the Colorado State Assembly and is awaiting Governor Jared Polis’ signature.

If signed, HB25-183 would:

  • Require the state to cover abortions as part of its Medicaid services.
  • Force Colorado taxpayers to spend millions of dollars every year paying for abortions against their consciences.

The fiscal note on this measure estimates abortions will cost taxpayers $5.9 million in the first year.

After passing the Colorado abortion amendment last fall, abortion activists are more brazen than ever in building Colorado’s reputation as an abortion destination state, and they want to force Colorado taxpayers to pay for it.

Daily Citizen reported this last month when a pro-abortion lawmaker gave shocking testimony, arguing it’s cheaper for the state to pay for abortions than pay for that baby to be born.

Please contact Governor Polis and urge him to veto HB25-183 to protect preborn babies, their mothers and the conscience rights of millions of Coloradans who do not support abortion.

“Transgender Rights” Bill

Second, a radical “transgender rights” bill – HB25-1312 – threatens parental rights and free speech.

If passed, HB25-1312 would:

  • Threaten parental rights by compelling parents to affirm their minor child’s gender confusion or potentially lose custody.
  • Threaten free speech by forcing schools and businesses to have gender-affirming policies or be sued for discrimination.

The bill unconstitutionally limits free speech, religious freedom and parents’ rights to provide for the care, nurturing, and moral and religious upbringing of their children.

It forces parents to support dangerous, experimental drugs, hormones and surgeries for their children struggling with sexual identity confusion.

This extreme measure would turn Colorado into a “trans-sanctuary.”

Erin Lee, a Colorado mom and the Executive Director of Protect Kids Colorado told the Daily Citizen:

CO HB 25-1312, on its face, is a blatantly unconstitutional violation of free speech and parental rights. What I find especially dangerous is defining non-affirmation of gender confusion as “coercive control” and allowing the courts to use it against parents. They are essentially bullying parents into transitioning their children, or else lose them.

Parents have long been bullied by the suicide myth, that you must transition your child or else they will kill themself. Now the state is adding to that: Transition your child or else we will take them from you. It fortifies our status as a wrong-sex mutilation sanctuary state, encouraging more people to move here and transition their children.

To learn more read the Daily Citizen’s analysis of the bill.

HB25-1312 has already passed the House and will now be considered by the Senate.

Urge your senator to vote no, and please consider testifying – in writing, remotely or in-person – against the bill when it goes before a Senate committee soon.

Please contact your state senator and the governor today to oppose these extreme measures.

We need your bold voice to defend life, parental rights and free speech.

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