Colorado Democrats Strike Identity Clause From Family Court Bill After Backlash

By Marissa Ventrelli | The Denver Gazette

The sponsors of a proposal that would require suppression of records in name-change petitions for minors removed a provision that would have mandated the courts to factor in the issue of “identity” when allocating parenting time.

In its original form, Senate Bill 018, included a requirement that family courts consider whether parents recognize their child’s identity “as it relates to a protected class” when determining parenting time decision-making responsibility.

The protected classes in Colorado include gender identity and gender expression.

A similar provision was amended out of last year’s House Bill 1312, which was ultimately signed into law. In that bill, the courts would have been required to consider “deadnaming” or “misgendering” as a form of “coercive control” in child custody cases. The final bill ultimately removed any mention of family courts following criticism from parents, as well as from several prominent LGBTQ organizations.

During a Senate Judiciary Committee hearing on Wednesday, one of the sponsors said it “pained” her and others to delete the provision dealing with child custody cases.

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