Colorado

On Monday, May 19, four parents’ rights organizations sued the state of Colorado over its recently enacted radical transgender legislation.

Plaintiffs in the lawsuit claim the new law, HB25-1312, violates the First and Fourteenth Amendments of the United States Constitution because it compels state-sponsored speech and is unconstitutionally vague.

Background

The measure received nationwide attention in the last month due to its brazen language threatening free speech, religious freedom and parental rights.

Focus on the Family joined widespread objections to the law. President Jim Daly, spoke out against the bill online. Three analysts from the organization testified against the measure, and in support of parental rights and free speech, at the state capitol.

Despite the constitutional concerns raised by many Coloradans, the legislation was signed into law by the governor on May 16.

Complaint

Plaintiffs in the lawsuit are Defending Education, Colorado Parent Advocacy Network, Protect Kids Colorado, Do No Harm and Dr. Travis Morrell.

The complaint alleges 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.”

Plaintiffs assert this law was “designed to punish disfavored speech.”

The purpose of H.B. 25-1312 is clear. The law punishes those who refuse to speak using chosen names and pronouns, and it does so in order to suppress traditional beliefs about sex and gender. In other words, the law openly discriminates based on viewpoint.

They continue, “The state cannot place its thumb on the scale to favor one side of a contentious public debate. It certainly cannot stifle viewpoints it doesn’t like simply because it finds those views offensive or disagreeable.”

The complaint goes on to cite several examples of bill sponsors confirming that the measure’s purpose is to suppress traditional views about sex and gender, including an example of lawmakers likening parental rights groups to Nazis and the KKK.

In an exclusive interview with Focus on the Family’s Daily Citizen, Vice President and Counsel for Defending Education, Sarah Parshall Perry, explained why the new law is especially dangerous.

This is Colorado’s maneuver to prevent any public disagreement with gender ideology anywhere, for any reason. The state has just taken a sledgehammer to free speech principles and free exercise of religion principles — both of which are guaranteed by the Constitution’s First Amendment. That kind of breathtakingly unconstitutional action should worry not just Coloradans, but every American in the country. 

Specific Violations

The complaint alleges HB25-1312 violates the constitution in four specific ways.

First, plaintiffs argue that the law’s use of the phrases “gender expression” and “chosen name” violates the First Amendment because it unconstitutionally compels speakers to use state-approved language.

Second, the complaint alleges Colorado’s Anti-Discrimination Act (CADA) unconstitutionally includes a provision that prohibits making people feel unwelcome based on a protected characteristic. That provision is a violation of the First Amendment, plaintiffs claim, because it prohibits speech on gender and sexuality contrary to the state’s approved content and viewpoint.

Third, the lawsuit contends the law defining “chosen name” and “gender expression” is “impermissibly vague” under the Fourteenth Amendment, which will lead to arbitrary enforcement. Arbitrary enforcement is illegal because it violates the core principles of due process and equal protection.

Fourth, plaintiffs allege the unwelcome provision in CADA is “impermissibly vague” under the Fourteenth Amendment which will lead to arbitrary enforcement. When a law is arbitrarily enforced, individuals do not have fair notice of what conduct is prohibited and it invites biased enforcement of the law.

Parental Rights

This radical trans law continues to threaten parental rights.

Defending Education Vice President, Sarah Parshall Perry, had this to say about what is at stake for parents:

House Bill 25-1312 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.

Among its victims will be parents of children who might believe themselves to be transgender and with whom those parents disagree. If any parent in Colorado enters a place of public accommodation — which is described so broadly as to include virtually any public space — with that child and “misgenders” that child, the parent can be hit with a charge of discrimination under state law.

The law doesn’t just target parents who oppose gender ideology, it forces mandatory pronoun use on every Coloradan in a public place. 

Request for Relief

Plaintiffs in the case have asked the court to issue an injunction barring the state from prosecuting anyone for violating the law while the case is litigated.

The lawsuit also asks for judgment declaring HB25-1312 violates the First and Fourteenth Amendment and it be stricken down.

The case is Defending Education et al v. Sullivan et al.

The Daily Citizen will provide updates to this developing story.