Groups sue Colorado lawmakers for banning ‘deadnaming’ in transgender debates

Transgender debates

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Two conservative groups filed a federal lawsuit against Democratic Colorado lawmakers, alleging that they were not able to express their opposition to bills concerning transgender rights freely because they were mandated to use specific pronouns during public testimony.

Transgenderism

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“[Lawmaker defendants] have prescribed how critics of transgenderism must present their views during the public-testimony portion of committee hearings before the Colorado Legislature by prohibiting ‘misgendering’ or ‘deadnaming’ and otherwise requiring citizens to express fealty to transgender ideology under the guise of ‘civility’ or ‘decorum,’” the plaintiffs claim in a 30-page lawsuit.

Deadnaming

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“Deadnaming” refers to calling someone by their birth name after they have transitioned to another gender identity. “Misgendering” is to call someone by pronouns that do not align with their identity.

Civility

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The plaintiffs in their legal action argue that they oppose both ideas as they view them as part of transgender ideology rather than promoting civility.

Transgender rights

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During the ongoing legislative session, Democratic legislators have put forth various bills advocating for transgender rights. These bills cover a wide range of issues, such as simplifying the process for changing names, broadening the definition of hate crimes to include gender and sexuality-related offenses, and collecting data on gender-affirming healthcare.

First Amendment

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The plaintiffs contend that their freedom of speech under the First Amendment has been infringed upon by lawmakers’ insistence on using preferred gender pronouns and names during public discussions on these bills.

Pronoun ritual

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They assert that by enforcing a “pronoun ritual,” legislators have unfairly influenced the debate in their own favor.

Gays Against Groomers

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In an effort to address this issue, two groups, Gays Against Groomers and the Rocky Mountain Women’s Network, have taken legal action against five progressive lawmakers in the U.S. District of Colorado, including the heads of the House Judiciary Committee and the Senate Judiciary Committee.

30-page lawsuit

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In their 30-page lawsuit, the organizations highlight the contrasting viewpoints of the parties regarding transgender issues, with one side advocating for gender fluidity and the other for biological determinism.

Divergence

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They argue that this divergence makes open discussion all the more crucial.

Bill HB24-1071

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One particularly contentious bill discussed was HB24-1071, aimed at simplifying the process for transgender individuals with criminal records to change their names.

Tiara’s Law

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The bill known as “Tiara’s Law,” inspired by Tiara Latrice Kelley, a transgender woman with a criminal record, passed both chambers and is awaiting the governor’s approval. Senator Julie Gonzalez introduced the bill and emphasized respectful language during discussions.

Defendants

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Plaintiffs in the complaint, Rich Guggenheim and Christina Goeke, faced issues during testimony related to the bill. The defendants, including Gonzalez and Committee Chair Mike Weissman, have not yet responded to requests for comments.

Effects of defendants

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“The effects of defendants’ censorial customs, policies, and practices are experienced by plaintiffs in Colorado where plaintiffs wish to speak freely, petition, be free from compelled speech, truthfully state their opinions opposing trans ideology and sex nullification, and freely discuss individuals for whom bills are named and whose life stories are invoked to support legislation,” the plaintiffs argue in the complaint.

Debated

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Several bills concerning transgender rights are being debated in the Colorado Legislature. These bills include creating a bill of rights for children in foster care, addressing gender-based hate crimes, facilitating name changes for students, and preventing discrimination in library content.

Have not progressed

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However, some bills, such as those related to gender-affirming healthcare provider studies, have not progressed. The plaintiffs in these discussions are represented by attorney Endel Kolde from the Institute for Free Speech based in Washington, DC.