The national grassroots organization Defending Education is suing the state of Colorado over a new law making it a discriminatory act to refuse to call trans-identifying individuals by their chosen name, among other provisions that have sparked concerns about free speech and parental rights.
Defending Education filed a joint lawsuit Monday on behalf of Colorado Parent Advocacy Network, Protect Kids Colorado, Do No Harm and Dr. Travis Morrell over House Bill 25-1312, which was signed into law by Democratic Gov. Jared Polis last Friday.
Nicki Neily, the founder and president of Defending Education, believes that the new law “compels speech on sex and gender and punishes citizens who disagree.”
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“Citizens cannot be forced to say what the government wants them to say,” Neily declared. “That’s why we have a First Amendment.”
The bill, also known as the “Kelly Loving Act,” expands the state’s anti-discrimination protections for who identify as the opposite sex and requires school policies to be “inclusive of all reasons” that a student may adopt a different name. The legislation requires schools to “allow each student to choose from any of the options provided in the dress code.”
In its complaint, Defending Education maintains that the Colorado Anti-Discrimination Act already makes it illegal to deny someone services or goods based on certain characteristics, which include “gender expression.”
The bill’s definition of “gender expression” is “overbroad” and is “designed to punish disfavored speech,” the lawsuit contends.
“The purpose of H.B. 25-1312 is clear,” a copy of the lawsuit provided to The Christian Post reads. “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.”
One of the plaintiffs the complaint asserts is injured by House Bill 25-1312 is Dr. Morrell, a double board-certified dermatologist and dermatopathologist who addresses individuals using “accurate terms” due to the nature of his work.
Morrell believes determining the right treatment for patients may depend on clear communication about their sex.
“In addition, as a medical doctor, Dr. Morrell is trained to treat patients holistically. Dr. Morrell has difficult discussions with patients about psychiatric disorders, habits and behaviors that may impact them both dermatologically and overall, such as alcohol abuse, smoking, anxiety, body dysmorphia, self-harm, and, relevant here, gender dysphoria,” the suit added.
“In these cases, it is vital that he be able to address the root cause,” the document continues, noting that surgical interventions for trans-identifying individuals and cross-sex hormones can impact a patient’s health.
For example, sex-change surgeries can result in “extensive scarring,” and patients who take testosterone may experience “severe cystic acne.” The suit argues that Morrell must be permitted “to provide accurate information regarding the risks associated with these interventions.”
The Colorado Parent Advocacy Network publishes materials that refer to individuals “using biologically accurate pronouns and other gendered terms” as part of its work.
The new law will make it impossible for the group to “effectively exercise their constitutionally protected right to speak in a manner that reflects their sincere belief that sex is immutable and fixed at birth,” according to the complaint.
Polis and his office did not immediately respond to The Christian Post’s request for comment about the lawsuit.
Earlier this year, the Centennial Institute at Colorado Christian University warned that the bill could result in parents losing custody of their children if they opposed allowing them to transition. But the bill’s sponsors removed provisions that would have impacted child custody decisions following pushback from Colorado parents and advocacy groups.
Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman
