During a Feb. 18 hearing on a bill about legal protections for minors, a Colorado Senate committee voted to remove a provision that would have required courts to consider whether parents recognize a child’s preferred “gender identity” when determining custody and parenting time.
Senate Bill 26-018, titled “Legal Protections for Dignity of Minors,” primarily addresses privacy protections for “transgender” minors seeking legal name changes. As introduced, it would require courts to suppress records associated with a minor’s name-change petition, with limited exceptions.
The provision known as Section 2 would have directed courts in custody disputes to weigh whether the parties recognize a child’s “gender identity” when determining custody and parenting time. “Gender identity” is included as a protected class under the Colorado Anti-Discrimination Act, along with sexual orientation and gender expression.
The now-removed provision had drawn opposition from parents across the state who argued it threatened parental rights.
In written testimony submitted to lawmakers, the Colorado Union of Taxpayers said the measure “strips parents of their parental rights” and “allows courts to replace parents in cases of gender identity and gender confusion in a minor.” The group also argued the bill would “strip parents of a role with a minor child in cases of divorce if a parent doesn’t agree with a name change.”
An advocate with the Colorado Catholic Conference said in a podcast interview that the provision meant that parents would lose custody of their children “if they do not affirm their minors’ trans identity.”
Democratic Sen. Katie Wallace, the bill’s sponsor, said during her opening remarks in the hearing that she was “distressed” that Section 2 was removed and indicated she intends to reintroduce the custody language in future legislation.
The amended SB 26-018 now advances through the legislative process without the custody provision. The bill’s remaining provisions focus on “privacy protections” for minors seeking legal name changes.