Colorado legislature defines deadnaming and misgendering as discriminatory practices

During the Colorado House's Legislative Day on April 6, 2025, lawmakers took significant steps toward enhancing protections against discrimination based on gender identity. A key focus of the meeting was the introduction of new definitions and regulations regarding the use of deadnames and misgendering in public accommodations.

The proposed legislation defines "deadname" as the act of intentionally referring to an individual by their birth name instead of their chosen name, particularly when the individual has made their preferred name known. This practice is deemed discriminatory and can serve as evidence of intent to disregard a person's gender identity. Similarly, "misgendering" is defined as the intentional use of pronouns or honorifics that conflict with an individual's gender identity, also considered a discriminatory act.

The legislation stipulates that repeatedly using a deadname or misgendering an individual, while aware of their chosen name or correct pronouns, constitutes evidence of discriminatory intent. Furthermore, the refusal to publish an individual’s chosen name or pronouns can also be seen as evidence of intent to discriminate.

Importantly, the bill clarifies that public entities are still permitted to use an individual's legal name when required by law for verification purposes or other legitimate public needs.

This legislative move aims to foster a more inclusive environment in public spaces, ensuring that individuals are respected and recognized according to their gender identity. The General Assembly emphasized the necessity of this act for the preservation of public peace and safety, highlighting its importance in supporting the rights of all citizens in Colorado.

As the House prepares to reconvene, the implications of this legislation could lead to significant changes in how gender identity is recognized and respected in public accommodations across the state.