“Parents Last”: Senate Democrats Advance HB25-1312 Despite Mass Opposition, Custody Concerns

By Tori Ganahl | Rocky Mountain Voice

Colorado’s controversial “Kelly Loving Act” is one step away from becoming law, after the state Senate advanced HB25-1312 in a party-line vote Monday night. The bill passed 23-12 following hours of floor debate—nearing an end to a legislative saga that’s drawn over 700 would-be testifiers, more than 17,000 emails from concerned constituents, and ongoing warnings from legal experts, parents, and educators.

The bill started as an expansion of the Colorado Anti-discrimination Act (CADA), aiming to add gender identity and expression as protected categories in schools, courts, and beyond. Even after key changes, Republicans say it still threatens parental rights and opens the door to new legal trouble for those who disagree with progressive gender policies.

“Even though Section 2 was removed, people are still afraid. This bill isn’t just another one—it’s the ultimate assault,” said Sen. Lisa Frizell (R-Douglas). “It deliberately infringes on parental rights.”

From Mandate to Opt-In: Public Backlash Reshaped the Bill

Facing growing public pressure, Democrats amended HB25-1312 during both committee and floor hearings, softening several provisions. Most notably:

  • Section 2, which would have allowed courts to consider “deadnaming” as coercive control in custody cases, was removed.
  • Section 3, prohibiting cooperation with other states’ anti-trans laws, was also struck.
  • A line that would have made misgendering or deadnaming an automatic violation of anti-discrimination law was revised—such actions may now only be considered as evidence of discrimination, not standalone offenses.

Sen. Faith Winter (D-Adams) opened the debate urging lawmakers to pass the reworked bill. “We removed the most controversial sections.” She asserted, “This bill is about protection. About saving lives. It’s about reducing suicide.”

Winter emphasized that HB25-1312 now gives schools flexibility to create notification policies, so long as they’re applied equally to all students. But that assurance did little to ease GOP concerns.

“Any student can adopt a different name on school records without their parents ever knowing,” warned Sen. Barbara Kirkmeyer (R-Weld). “You need parental permission for a field trip—but not this?”

“Parents Were the Last to Know”

Republican lawmakers tried unsuccessfully to pass multiple amendments that would have required schools to notify or gain parental consent for student name changes. Amendments L022 and L034 were both defeated by the Democratic majority.

“The worst thing we can do is put into law that a student can just adopt a name—whatever they want—and sever communication with their parents,” said Kirkmeyer.

Sen. Paul Lundeen (R-El Paso) echoed that view, saying the bill “creates vague legal expectations” that empower schools to bypass parents.

“The safest, best place for children—when they are in a challenging moment—is within the supportive framework of their family. This bill threatens that.”

Sen. Janice Rich (R-Mesa) raised concerns that despite the amendments, the bill still allows courts to consider misgendering or deadnaming in family cases—potentially costing parents custody.

“Parents who disagree with their child’s transition may now be labeled abusive,” she said. “This bill lets the state decide what’s best, not the family.”

Parents Flooded the Process, But Still Feel Shut Out

Despite the amendments, public trust in the process never recovered. Critics noted that the bill, when introduced in the House, was introduced late on a Friday afternoon, with just days before its first committee hearing.

Last week, when the Senate Judiciary Committee heard the bill, “Over 700 people signed up to testify. Some stayed until 1 a.m., hoping to be called,” said Frizell. “They didn’t get a voice.”

Kirkmeyer said the damage had already been done.

“This bill was labeled an assault on parents. That perception can’t be undone by a few edits.”

Rep. Jarvis Caldwell (R-El Paso) also weighed in on social media, writing:

“Let’s be very clear. The state does not own your children.”

What Happens Next

HB25-1312 is now headed to a third reading in the Senate. If signed into law, it will take effect later this year. Opponents—including several legal groups—are already considering lawsuits to challenge the measure’s constitutionality, especially around custody, compelled speech, and religious liberty.

For now, critics say the debate has left one thing clear: the people most affected by the bill—parents—were the last to be heard.

“We are still not there yet,” Kirkmeyer said. “When schools can change a student’s name, and the parent is the last to know—that’s a serious problem.”