Colorado moves to classify 'misgendering,' 'deadnaming' as child abuse in proposed bill

A Colorado bill introduced by Democrats would classify “misgendering” and “deadnaming” as forms of child abuse to be considered in child custody disputes.

The legislation, introduced Friday, is sponsored by Democratic Reps. Lorena García, Rebekah Stewart, Faith Winter, and Sen. Chris Kolker. The bill is named “The Kelly Loving Act” after a transgender-identifying individual killed in a 2022 club shooting in Colorado Springs, according to Colorado Newsline. 

The bill is based on the premise that individuals can identify as a “gender identity” contrary to their biological sex. It defines “deadnaming” as “to purposefully, and with the intent to disregard the individual’s gender identity or gender expression, refer to an individual by their birth name rather than their chosen name.”

Similarly, the bill defines “misgendering” as “to purposefully, and with the intent to disregard the individual’s gender identity or gender expression, refer to an individual using an honorific or pronoun that conflicts with the individual’s gender identity or gender expression.”

Under the proposed law, courts handling child custody decisions would be required to consider “misgendering,” “deadnaming,” or threatening to publish information related to a child’s sex change procedures as forms of “coercive control” when determining the best interests of a child. Additionally, it would prohibit Colorado courts from enforcing orders or laws from other states that require a child to be removed from parents who allow them access to sex change procedures.

The bill would also classify “misgendering” and “deadnaming” as discriminatory under the Colorado Anti-Discrimination Act. It would further mandate schools to adopt policies regarding “chosen names” and prohibit school dress codes from including rules based on “gender.”