NASHVILLE (BP) — The Colorado House of Representatives has passed a law that would create legal grounds for the state to strip custody from parents who legislators say “misgender” their children.

The bill would make using a person’s name given at birth or using a person’s biologically correct pronouns discriminatory actions under the Colorado Anti-Discrimination Act.

The text of the bill states that “deadnaming, misgendering or threatening to publish material related to an individual’s gender-affirming health-care services” will be deemed “coercive control” and could influence courts when making custody decisions.

The legislation, known officially as HB 25-1312, passed the Colorado House on Sunday, April 6, and is now headed to the state’s Democratic-majority Senate for a vote. If approved, it will head to the desk of Colorado Gov. Jared Polis.

Ethics & Religious Liberty Commission (ERLC) President Brent Leatherwood and Colorado Baptist Convention (CBC) Executive Director Mike Proud signed a joint letter expressing their grave concerns about the law to Colorado Senators.

“In recent years, Colorado has garnered a reputation as a state that is hostile to Christians and other people of faith who adhere to biblical teaching and biological realities on matters such as marriage, family, and sexuality,” Leatherwood and Proud wrote.

“While these actions have all thankfully been struck down by courts, the legislation before you would codify the anti-Christian moves we have seen in recent years. Is such animus toward people of faith the kind of legacy you want to leave for Colorado?”

The letter outlines the many concerns the ERLC and the CBC have with the legislation.

The bill:

• Allows Colorado courts to consider “deadnaming” (using a person’s name given at birth) and “misgendering” (using a person’s correct, biologically corresponding pronouns) when determining child custody cases.
• Requires dress-coded public schools to allow children of either biological sex to choose between following the boys or girls dress code without their parents’ consent or guidance.
• Defines “deadnaming” and “misgendering” as discriminatory acts under the Colorado Anti-Discrimination Act.

“These provisions are nothing short of an attack on human dignity, people of faith, and anyone who questions the ever-changing cultural definitions of sexuality,” the letter continues.

“Should this bill become law, it threatens the conscience rights of individuals, the relationship between parents and children, basic free speech rights for all, and will inevitably lead to conflict between church and state. As an elected representative for Colorado, this should be an unacceptable proposition for you, regardless of partisan commitments. 

“We would urge you to vote against this destructive legislation. It should be clear by now that, nationwide, our culture is rejecting this sort of extremist agenda. Colorado should not be the place where it takes its final stand.”

In addition to this joint letter, the ERLC also has published a bulletin insert talking about the law for Colorado churches to utilize.

“The Colorado House of Representatives passed a bill that would promote radical gender ideology to minors, strip fundamental parental rights, and burden free speech,” the insert states.

After explaining the specifics of the law, the insert explains the two main things that Colorado Southern Baptists can do in response to the advancing law are pray and advocate.

“Pray for wisdom for elected officials in Colorado, for them to embrace the truth of biological realities, and for a state that celebrates God’s good design for gender and sexuality,” the insert continues. “Advocate by contacting your local senator and urging them to vote against this bill.” 

Information on how to contact Colorado Senators can be found here.

The Colorado law has become commonly-known as “The Kelly Loving Act,” named after a 40-year-old transgender man killed in a mass shooting in 2022. Many expect Polis to sign the bill into law if it reaches his desk, as he has signed other legislation into law that supports transgenderism and radical gender ideology.

In 2019, Polis signed bill HB19-1039, which simplified the process to change the gender marker on a person’s birth certificate without requiring surgical transition, a court order or a doctor’s note.

That same year, Polis also signed bill HB19-1129, which prohibited state-licensed mental health care providers from counseling minors to accept their biological gender.

Colorado’s ban on these conversations and discussions with minors will be challenged in the Supreme Court as the result of a lawsuit brought by a Christian who is a licensed counselor in the state.  

(EDITOR’S NOTE — Timothy Cockes is news editor at New Orleans Baptist Theological Seminary.)