Offering Legal Protections for Trans Coloradans
Trans Coloradans Deserve to Live Openly and Safely
The Kelly Loving Act would make our state better for trans Coloradans
While the Trump administration continues to attack trans Americans’ rights, the soon-to-be introduced Kelly Loving Act will offer legal protections for trans Coloradans who deserve to live openly and safely.
The Women’s Foundation of Colorado’s grantee partner Bread & Roses Legal Center surveyed over 500 transgender people across Colorado in fall 2024. Most surveys were completed prior to the November 2024 Presidential election. Even before the barrage of attacks on their civil rights, trans Coloradans, particularly living outside of the Denver Metro Area, described widespread experiences of discrimination, profiling, harassment, safety issues, lack of health care, and fear.
WFCO Grantee Bread & Roses Legal Center Addressing Discrimination, Fear With Legislation
“I don’t know a single trans person whose life has not upended in some way – regardless of their economic status, race, or immigration status. Even people who have a tremendous amount of privilege and access have experienced fundamental safety shifts in their lives,” said Z Williams, co-executive director of Bread and Roses. “I’ve heard of folks not being allowed to fly and people have lost their jobs on the basis of executive orders. It has emboldened our social bias against trans people.”
I don’t know a single trans person whose life has not upended in some way – regardless of their economic status, race, or immigration status. – Z Williams
The Kelly Loving Act is one step toward addressing this discrimination and fear as Bread & Roses works to make our state better for trans Coloradans. If the statute is passed, it could make federal changes more difficult to implement.
How the bill would protect trans Coloradans
- Defines “deadnaming,” “misgendering,” and “chosen name” for purposes of Colorado Anti-Discrimination Act CADA).
- Allows a court to consider whether a parent affirms a child’s stated gender identity as a factor to determine the best interest of the child in family law contexts
- Adds deadnaming or misgendering a child or a child’s relative to the definition of “coercive control”—a factor in family law decisions such as parenting time
- Forbids removal of children from their parent or guardian on the basis that the child was seeking gender affirming care in Colorado
- Requires schools that adopt policies for chosen names be inclusive of all of the reasons a student might adopt a chosen name
- Disallows dress code policies based on gender, and requires schools to allow students to abide by any variation of a school dress code
- Defines a discriminatory practice to include publishing materials (such as newsletters, announcements, year books) that intentionally deadname or misgender someone.
Rural voices provided critical input
Bread & Roses made a significant effort to make sure rural transgender voices helped shape the bill, collecting over 100 surveys from outside the Denver Metro Area.
“When you look at the reality, you can’t talk about Colorado as a single place because the Eastern Plains is very different for a Coloradan than someone who is white, lives in an urban area, and has infrastructure,” said Z.
“We talked to a lot of people who aren’t out in their communities, or if they are, they live in isolation. A lot of trans people are moving here because Colorado is seen as safer but our cost of living is so high that if you are a working class trans person, you will likely end up in more rural, conservative areas with less infrastructure and fewer resources where there aren’t Pride parades or community.”
Remembering Kelly Loving
This bill is reverently known as the Kelly Loving Act to honor Kelly Loving, a transgender woman who was murdered on the eve of Trans Day of Remembrance 2022 at the Club Q massacre. Kelly worked tirelessly to improve the lives of transgender people and mothered many transgender people, encouraging them to be their authentic selves. Kelly’s family asked that she be honored as she lived—brave, generous, and building a better future for trans people.
“Kelly came to Colorado for her birthday and was thinking about moving here. She saw the state as an opportunity and went to Club Q and was killed by a mass shooting. We grew very close to her family. I remember her sister saying the most important thing we can do for Kelly is make sure that no one goes through what she’s gone through ever and she is remembered not just for how she died but how she lived.”
Fighting for Autonomy, Building Leadership
In addition to creating and advocating for legislation to improve opportunity for transgender Coloradans, Bread & Roses offers stabilization support; legal clinics for name changes, document navigation, wills, estates, criminal law, and housing; emergency funds; and leadership development.
“When you undergo trauma – and that’s what this has been – it’s important to help people see their autonomy and leadership,” Z said. “Once they know they have a little bit of safety and a second to breathe, we support them if they want to mobilize or organize.”
As Transgender Day of Visibility approaches on March 31, Bread & Roses is holding a free legal clinic for queer and trans individuals in Colorado Springs on March 30. Additionally, it is organizing a three-city action on March 31 in Aurora, Colorado Springs, and Fort Collins to tell UC Health, the largest health system in the state, to protect gender-affirming care, stop union busting, and forgive medical debt.
“Visibility without safety is a trap,” said Z. “We are saying make it a Trans Day of Health Care.”
The Women’s Foundation of Colorado believes any person identifying as a woman is a woman. Read more.
