4 parents’ rights groups sue Colorado to block ‘misgendering’ law

(The Lion) — Four parents’ rights groups and a doctor have filed suit to block implementation of a new pro-transgender Colorado law, arguing it violates free speech and parents’ rights to raise their children.

The groups “do not want to be forced to affirm – through the use of pronouns, names or other language – that a biological man is actually a woman or vice versa. Yet that is precisely what H.B. 25-1312 requires,” the lawsuit states.

Asserting violations of the First and Fourteenth Amendments of the U.S. Constitution, Defending Education, Colorado Parent Advocacy Network, Protect Kids Colorado, Do No Harm and Dr. Travis Morrell filed their complaint on Monday – the first business day after Gov. Jared Polis allowed House Bill 1312, also known as the “Kelly Loving Act,” to become law without his signature.

The act, named for a transgender-identifying man who lived as a woman, grants broad protections based on individuals’ chosen gender identity.

It amends the Colorado Anti-Discrimination Act to classify intentional “deadnaming” or misgendering of a transgender-identifying individual as a form of discrimination.

It also requires schools to adopt policies that affirm students’ chosen names for any reason – not just those tied to gender identity – and to allow students to follow any version of the dress code, regardless of gender.

A “chosen name,” according to the law, is one a person wishes to be known by in relation to characteristics such as disability, race, religion, sexual orientation or gender identity, as long as the name is not offensive or requested for frivolous purposes.

But these provisions amount to the state taking sides in “a contentious public debate,” the legal filing argues, and punishing “viewpoints it doesn’t like simply because it finds those views offensive or disagreeable.”

“All four organizations and Dr. Morrell believe that sex is immutable and fixed at birth, and they oppose the spread of controversial gender ideologies among Colorado’s youth,” the complaint states. “Plaintiffs bring this action to protect their rights, their members’ rights, and the rights of every person in Colorado who does not want to be punished for expressing their sincerely held views about sex and gender.”

Religious groups, including the Southern Baptist Convention’s Ethics and Religious Liberty Commission (ERLC), are considering joining the lawsuit.

Parent advocates, churches and religious freedom organizations have opposed the bill since it was introduced. The measure originally included language that could have caused parents who did not affirm their child’s chosen gender identity to lose custody disputes, but that provision was removed before final passage.

Still, the groups argue the law threatens religious liberty and freedom of conscience in workplaces, schools and public spaces.

“This is a legal requirement to lie,” Family Research Council’s Joseph Backholm said previously about the bill. “No one should be legally required to lie.”

Christian camp sues state over transgender policy

In an unrelated case, a Colorado Christian camp is suing the state for requiring it to allow children to use bathrooms, changing rooms and sleeping quarters according to their self-declared gender identity.

The IdRaHaJe camp – which takes its name from the hymn “I’d Rather Have Jesus” – filed suit last week, alleging that licensing rules from the state’s Early Childhood Department violate its religious freedoms.

“No one should be forced to share a room or showering facilities with someone of the opposite sex,” Ryan Tucker, senior counsel for Alliance Defending Freedom, told Fox News. “The law ignores reality, and children are the ones who ultimately pay the price.”

The case, which was also filed in U.S. District Court, claims the new rules – which must be in place by June to avoid fines or risk of closure – would force the camp to abandon its “own faith and mission,” Fox reported.

Founded in 1948, the camp serves about 3,000 campers annually and plans to continue operating under its current policies while the legal challenge proceeds.

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