Colorado Advances LGBTQ Protections Amid Federal Attacks

“Colorado is for everyone, no matter who you are or who you love," Governor Jared Polis declared on April 7 after signing a bill to repeal obsolete language in the state constitution banning gay marriage.

Senate Bill 25-014 implements a ballot measure passed by voters in November that removes a sentence from the Colorado Constitution that said only unions “of one man and one woman" are valid. The measure, Amendment J, received support from over 64 percent of voters.

The bill is part of a wave of legislation from Colorado lawmakers seeking to strengthen LGBTQ rights in the state amid federal threats.

After the Supreme Court overturned federal abortion rights in 2022, Justice Clarence Thomas argued that they should reconsider various past rulings, including one that codified the right to same-sex marriage. Since then, Republican states have pushed numerous measures targeting same-sex marriage with the goal of securing a Supreme Court ban.

This comes as President Donald Trump made anti-LGBTQ rhetoric a cornerstone of his reelection campaign. When he returned to office, Trump signed a series of executive orders attacking the transgender community; mandating that the federal government only recognize two "not changeable" sexes; banning trans people from military service; restricting gender-affirming care for people under nineteen, and banning trans women and girls from female sports.

Now, Colorado politicians are pushing back.

“It’s especially important now, as the Trump Administration attacks the LGBTQ community, to secure everyone’s right to live safely in our state," said Senator Jessie Danielson, co-sponsor of SB 014, in an April 7 statement.

Here are the other LGBTQ-related bills up for consideration this session, and where they currently stand:

Legal Protections for Transgender Individuals
House Bill 25-1312 would classify intentionally misgendering or referring to transgender people by their deadname as discriminatory acts prohibited in places of public accommodation. It would also impact child custody proceedings, requiring courts to consider a parent's intentional deadnaming or misgendering of their transgender child and prohibiting courts from using anti-trans laws from other states to authorize removing a child from a parent's custody because the child received gender-affirming care.

The bill passed the House on April 6 in a 36-20 vote with nine members excused. It now awaits consideration from the Senate.

Protect Access to Gender-Affirming Health Care
House Bill 25-1309 would require health insurance plans to cover gender-affirming care, codify the treatments in state statute and exempt testosterone from the Prescription Drug Use Monitoring Program to eliminate barriers to access.

The bill passed the House on April 6 by a 40-20 vote with five members excused. It now awaits consideration from the Senate.

Legally Protected Health Care Activity Protections
Senate Bill 25-129 would strengthen Colorado's shield laws for gender-affirming care and abortion, prohibiting any person or business in the state from responding to out-of-state investigations regarding a person who engaged in health care activities that are legally protected in Colorado. It would also require anyone requesting a subpoena to affirm under penalty of perjury that it is not related to protected health care activities.

The bill passed the Senate on April 8 by a 23-11 vote with one member excused, after clearing the House 39-20 with six members excused. It now awaits final consideration from the governor.

Gender Identity Certificate of Death
House Bill 25-1109 would add a gender field to death certificate forms and registration systems, allowing for the recognition of transgender and nonbinary identities.

The bill passed the Senate on March 26 by a 22-12 vote with one member excused, after clearing the House 38-26 with one member excused. It now awaits final consideration from the governor.

Colorado Voting Rights Act
Senate Bill 25-001 would prohibit discrimination regarding voting qualifications based on a person's gender identity, gender expression or sexual orientation. It would also give voters the right to file civil discrimination suits alleging unlawful voter suppression, dilution or prerequisites based on gender or sexual orientation.

The bill passed the Senate on March 31 by a 22-12 vote with one member excused. It is scheduled for consideration by the House State, Civic, Military & Veterans Affairs Committee on April 14.

Providing Emergency Medical Services
Senate Bill 25-130 would prohibit an emergency department from denying emergency medical services to a patient because of their sexual orientation, gender identity, gender expression or other characteristics, including whether they are pregnant.

The bill was introduced to the Senate on February 5; it is scheduled for consideration by the Senate Judiciary Committee today, April 9.


The following anti-LGBTQ bills were rejected this session:

Malpractice Insurers Gender-Affirming Care Minors
House Bill 25-1068 would have allowed medical malpractice insurers to take adverse actions against applicants who provide gender-affirming care for minors and prohibited insurers from accepting state money for premiums if their policies cover providing gender-affirming care for minors. It failed in a 4-8 vote in the House Health & Human Services Committee on February 5.

Trafficking Minor for Abortion or Transgender Care
House Bill 25-1145 would have made it a class two felony offense to transport a minor into Colorado to help them obtain gender-affirming care or an abortion, classifying the act as "human trafficking of a minor." It failed in a 4-7 vote in the House Judiciary Committee on February 11. 

Limitation on Gender Transition Procedure Claims
House Bill 25-1254 would have allowed people who received gender-affirming care before age 26 to sue their providers for damages up to age 38. It failed in a 4-7 vote in the House Judiciary Committee on February 18.