Colorado may consider deadnaming and misgendering in child custody cases

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Colorado may consider deadnaming and misgendering in child custody cases
  • The Colorado House of Representatives passed a bill that would require courts to consider deadnaming and misgendering when making child custody decisions. The bill defines those acts as forms of coercive control.
  • The bill also requires local schools to allow students to choose from any dress code option.
  • Democratic supporters say parents should empower their child’s gender identity, while Republican opponents say it threatens parental rights.

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The Colorado House of Representatives passed a bill requiring courts to consider deadnaming and misgendering when making child custody decisions. While the bill’s supporters say these things must be considered when determining a child’s best interests, opponents argue that the bill threatens parental rights.

Deadnaming is the act of calling a transgender individual by a name they no longer use, most commonly their birth name, rather than their chosen name. Misgendering is when an individual uses a pronoun that does not reflect another person’s gender identity. 

The bill also requires schools, including private schools, to allow students to choose from any of the dress code options. 

Democrats in the state House approved the bill. They contend parents should be supporting their child’s gender identity

“We are just making it very clear that this is something that may be considered as part of a case and that a parent cannot be punished in any way for actually supporting their child’s gender identity,” Democratic State Rep. Rebekah Stewart, told 9 News

Republicans opposed the legislation and tried to delay approval by having it read in its entirety. 

“I believe it’s misguided,” said Republican Rep. Chris Richardson. “It fundamentally oversteps the proper role of government. It threatens parental rights; it raises serious constitutional issues. This is not protecting children, it’s weaponizing the courts against parents.” 

The bill also codifies the terms deadnaming and misgendering into law since they don’t exist in statute and, therefore, don’t have legal definitions. 

The legislation now heads to the state Senate.

Ella Rae Greene, Editor In Chief

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