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The Trust Project

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(Provided by Gigafact)

No.

The Kelly Loving Act, a bill passed in 2025 that created legal protections for transgender people, does not criminalize misgendering someone in Colorado.

Early versions of the bill defined misgendering and deadnaming — purposefully using the birth name of an individual rather than their chosen name — as discriminatory acts in public places of accommodation, like businesses, under the Colorado Anti-Discrimination Act. Discrimination in these settings can lead to $3,500 in civil penalties under CADA, but do not lead to jail time.

The bill’s final version removed these terms, instead clarifying that refusing to use a person’s chosen name or how they choose to be addressed can be used as evidence of discrimination in a lawsuit.

A law passed in 2021 already prohibits discrimination based on gender identity and gender expression in Colorado. A total of 22 states and Washington D.C. prohibit discrimination based on gender identity. 

See full source list below.

This fact brief is responsive to conversations such as this one.

The Colorado Sun partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.

References:

House Bill 25-1312, Colorado General Assembly, May 16, 2025. Source link

House Bill 25-1312 Pre-amended, Colorado General Assembly, accessed August 2025. Source link

Colorado Revised Statutes, State of Colorado, accessed August 2025. Source link

House Bill 21-1108, Colorado General Assembly, May 20, 2021. Source link

Nondiscrimination laws map, Movement Advancement Project, accessed August 2025. Source link

Type of Story: Fact-Check

Checks a specific statement or set of statements asserted as fact.

Tyler has spent the last three years reporting on the environment, culture and local government in Colorado. Most recently, he spent time as a staff reporter and photographer for Boulder Weekly, where he covered the rapidly growing city of Longmont...