Colorado lawmakers have advanced legislation that aims to protect the privacy of transgender youth by sealing name-change records for minors. This move comes after the removal of a controversial section of the bill, which faced objections from Governor Jared Polis. The legislation, known as Senate Bill 18, passed the Senate Judiciary Committee with a vote of 5-2 but underwent significant modifications before reaching this stage.
Initially, the bill included a provision that would have required family court judges to consider a parent’s acceptance of a child’s gender identity when determining parenting time. This section was a revival of a measure that had been stripped from a similar transgender rights bill passed in the previous year. According to Rep. Lorena Garcia, one of the bill’s sponsors, support for this language had been solicited from various LGBTQ+ advocacy groups before the hearing. However, the provision was removed following a veto threat from Polis, who expressed concerns over changes to family law.
In a statement from Polis’s spokeswoman, Ally Sullivan, the governor emphasized his opposition to the family law provisions that he deemed contradictory and problematic. These provisions, according to Sullivan, were similar to those he opposed in the previous year. Furthermore, LGBTQ+ activists and family law attorneys had warned that the proposed changes could have adverse effects on the very children the bill aimed to protect.
The excised provision was originally championed by the late Sen. Faith Winter, who passed away in November 2023. Sen. Katie Wallace, a Democrat from Longmont, voiced her disappointment in removing the provision, noting its intent to address flaws in the family court system affecting transgender children and those from diverse backgrounds.
Despite the removal of the family court language, the amended bill still seeks to safeguard the privacy of minors seeking name changes. It specifically aims to prevent AI data-scraping of public records and protect children from potential bullying or harassment. Wallace explained that the bill does not apply to individuals under 18 who have been convicted of crimes.
The response to the bill has been mixed. More than 70 individuals registered to testify, with many opponents criticizing not only the family court provisions but also the concept of gender-affirming care. Activists like Z Williams, who runs a nonprofit law firm, underscored the importance of the bill in protecting children’s privacy during the name-change process.
As the bill moves forward to the Senate floor, it highlights ongoing debates surrounding transgender rights and the complexities of family law. The future of Senate Bill 18 remains uncertain, but it reflects a significant step in the legislative discussions surrounding the rights of transgender youth in Colorado.