A recent attempt to mandate that Colorado family-court judges consider a parent’s recognition of their child’s gender identity in custody arrangements has failed. On February 18, 2024, the Colorado Senate Judiciary Committee voted to remove this provision from Senate Bill 26-018, despite significant public interest and testimony.
The proposed legislation, which sought to enhance protections for transgender minors, included a controversial requirement that judges assess whether parents respect their child’s gender identity. This aspect of the bill faced resistance, particularly from Governor Jared Polis, who had previously expressed strong concerns about the implications of such a provision on family law. Spokesperson Eric Maruyama confirmed the governor’s stance, noting that the removal of the custody-related section was seen as a positive development.
Initially crafted to include automatic suppression of records for minors petitioning to change their names, the bill gained attention for its potential impact on child custody cases. During the committee meeting, Senator Katie Wallace, a sponsor of the bill, voiced her disappointment over the removal, stating, “It pains us to remove this provision,” highlighting that the issues at hand also affect children with disabilities and from diverse backgrounds.
The failure of this provision marks a continuation of challenges faced by similar legislation. A previous attempt, House Bill 25-1312, introduced last year, also aimed to penalize parents for misgendering their transgender children but was stripped of that measure during the legislative process. This earlier bill was signed into law by Polis in May 2023, establishing various new anti-discrimination protections for transgender individuals in Colorado.
Following a lengthy committee discussion, during which over 130 members of the public signed up to provide testimony, the amendment to remove the custody provision passed unanimously without debate. The testimony included voices from both sides; while some opposed the inclusion of misgendering considerations, advocates from the LGBTQ+ community expressed their concerns regarding parental acceptance.
Opponents of the provision, including Erin Lee, an anti-trans activist, argued that the law could undermine parental authority. “Telling your child the truth and protecting them from medical harm is not child abuse,” she stated, cautioning against government intervention in familial matters. In contrast, supporters like Kara Allison, a transgender woman, lamented the removal of the provision, emphasizing the need for protections against potentially abusive or unaccepting parents.
Senator Wallace indicated plans to reintroduce the child custody policy in future legislative sessions. “In leaving this section behind, we are leaving behind children with disabilities, Indigenous children and many others. That should give us pause,” she remarked, underscoring the urgency of addressing these issues.
Despite the setback, Colorado has made strides in supporting transgender rights. Recent legislative changes require schools to address students by their chosen names and allow individuals with felony convictions to change their names. As amended, Senate Bill 26-018 will proceed to the full Senate for further consideration, with hopes that future discussions will revisit the critical issues surrounding child custody and gender identity recognition.
The ongoing dialogue surrounding these topics reflects a broader societal shift towards inclusivity and protection of vulnerable populations, even as legislative efforts continue to face hurdles.
