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Colorado school districts will likely need to ensure their policies about student names and dress codes align with a transgender rights bill approved by lawmakers in the session’s final days.
House Bill 1312, known as the Kelly Loving Act, updates anti-discrimination laws in order to enshrine protections for Colorado transgender people, including ensuring they are called by their chosen name and affirming changes to marriage licenses and birth certificates. The bill now sits on Democratic Gov. Jared Polis’s desk. He has not indicated whether he will sign the legislation
The bill will impact schools in a few ways. It expands the definition of discrimination to include intentionally calling a person by a name they no longer use, which will affect school bullying policies. The bill also requires schools to allow all students to wear any clothing that’s allowed by a school dress code.
In addition, the bill says school district name-change policies should cover all reasons a student might adopt a name other than what they were given at birth. Bill sponsors said this change ensures districts can’t create restrictions to work around a 2024 law that says school personnel must call students by a chosen nonlegal name if the student requests it.
The Senate passed the bill on Tuesday, a day before lawmakers adjourned, by a vote of 20-14 with one member excused. The House adopted the bill last month.
More than 1,500 people provided oral or written testimony both for and against the bill during last week’s Senate Judiciary Committee hearing. The legislation represents a win for supporters of transgender rights, at a time when the Trump administration and others are seeking to restrict or eliminate such protections.
Proponents of the legislation said transgender people deserve not to be discriminated against, and the bill ensures they can make decisions that affirm their identities. Advocates also said the fear and discrimination young people face can cause them distress and harm.
During several days of testimony, state Sen. Chris Kolker, a Democrat and cosponsor of the bill, said part of his motivation was because his oldest daughter asked why transgender kids in schools aren’t treated fairly and equally. He said the bill is about making sure all Coloradans feel welcome in the state.
“I ask us not to get lost in a fog of fear, let’s return to what this is about — keeping kids safe, preventing bullying, and ensuring our public systems reflect the dignity of all people,” he said last week during a Senate Judiciary Committee meeting.
Democratic Sen. Faith Winter and Democratic Reps. Lorena García and Rebekah Stewart also sponsored the bill
Republicans criticized the bill, as did some school board members across the state, who questioned whether it infringes on parental and educator rights and the ability of school boards to set their own local policies. Their arguments were similar to those made in opposition to 2024’s House Bill 1039 that required school personnel to address a student by their chosen name.
Sen. Barbara Kirkmeyer, a Republican, echoed some of those concerns before the bill passed the Senate. She said the bill was pushed through too quickly without allowing parents the time to understand what it would require. She also said her constituents worried the bill doesn’t allow parents to make decisions for their children about name changes and other issues.
“Parents are worried,” said Kirkmeyer during the Senate’s final vote on the measure. “This is not just a simple bill about discrimination against transgender students and adults.”
After the bill passed the Senate, advocates and trans resource organizations said the legislation will ensure transgender people of all ages feel welcome in Colorado.
“The Kelly Loving Act is more than legislation, it’s a labor of love by trans people, for trans people. It is a people-powered bill that reflects the strength, resilience, and determination of our communities,” said Z Williams, a lawyer with social justice organization Bread and Roses Legal Center.
Jason Gonzales is a reporter covering higher education and the Colorado legislature. Chalkbeat Colorado partners with Open Campus on higher education coverage. Contact Jason at jgonzales@chalkbeat.org.
