Democrats Revive Gender Identity Language in Colorado Child Custody Law

By Marissa Ventrelli | Colorado Politics

Democratic lawmakers eye reviving a provision related to gender identity in child custody cases that was stripped from a bill signed into law last year.

Last session, lawmakers passed House Bill 1312, which dealt with legal protections for transgender individuals. The law included new provisions dealing with name changes on marriage certificates, sex designations on driver’s licenses, and school dress codes.

Specifically, the bill requires county clerks and recorders to issue name changes on marriage certificates when requested but leave no indication or mark that the certificate has been modified. It allows an individual to change the sex designation on a driver’s license up to three times, instead of just once, before being required to submit a court order.

Finally, the bill permits a student to choose from any options provided in a dress code policy.

As introduced, however, HB 1312 sought to penalize “deadnaming” and “misgendering” as discriminatory actions and compelled “publishers” to use a person’s “chosen name” when asked. As initially drafted, refusing to comply would have served as evidence of the intent to discriminate.

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