Colorado parent groups sue state over controversial new transgender law enforcing 'compelled speech'
Colorado potentially faces a major lawsuit regarding a new law on transgender protections and how it could violate free speech and parental rights.
On Friday, Gov. Jared Polis signed into law the Kelly Loving Act, a bill that expands state anti-discrimination protections for transgender individuals by allowing a person's "chosen name" to qualify as a form of "gender expression" that is protected under the Colorado Anti-Discrimination Act (CADA).
Now that the bill has passed, the group Defending Education (DE) has sued the state on behalf of the Do No Harm, The Colorado Parent Advocacy Network and Protect Kids Colorado groups out of concerns that the law could violate their free speech rights.
"The Act's new definition of 'gender expression' is unconstitutionally overbroad," the lawsuit provided to Fox News Digital reads. "Because it covers any treatment based on the use of a 'chosen name' or other forms of preferred 'address,' it punishes many forms of constitutionally protected speech."
Colorado's 'Totalitarian' Transgenderism Bill Sparks Concerns From Parents
It continued, "When speakers refer to transgender-identifying individuals using biologically accurate terms, they advance a viewpoint about a hot-button political issue: gender ideology. That kind of speech lies at the core of the First Amendment. But the Act's definition of 'gender expression' makes all such speech discriminatory and unlawful."
Read On The Fox News App
The lawsuit added that since CADA prohibits the "publishing of discriminative matter," the new act could prohibit and potentially penalize individuals, including parents, for publicly disapproving of changing one's name and gender.
In a statement to Fox News Digital, Sarah Parshall Perry, Vice President of Defending Education, said the law "muzzles" parents and doctors to protect the state's "preferred gender orthodoxy."
"Colorado can't seem to stop losing at the Supreme Court on constitutional challenges to its anti-discrimination laws. And yet, Governor Polis has nevertheless signed another patently unconstitutional iteration of its Colorado Anti-Discrimination Act—something that can only be described as an exercise of remarkable hubris," Perry said.
DE is seeking a preliminary and permanent injunction on enforcing this new definition as a violation of the First and Fourteenth Amendments for using "unconstitutionally overbroad" language and enforcing "compelled speech."
"Do No Harm is proud to challenge Colorado's absurd so-called anti-discrimination act. Abridging American's constitutional right to freedom of expression in the name of radical gender ideology is wrong. We expect the court to reaffirm that the Constitution trumps progressive dogma," said Dr. Stanley Goldfarb, Chairman of Do No Harm.
Fox News Digital reached out to the governor's office for comment.
The Kelly Loving Act has come under fire by conservatives and Colorado parents since it was introduced in March. Among the protections in the original bill included a ruling that "deadnaming, misgendering, or threatening to publish material related to an individual's gender-affirming health-care services" could be considered forms of "coercive control" that could affect a parent's custody over children.
After facing backlash, Colorado lawmakers eventually removed language regarding "deadnaming" and child custody, although opponents still criticized elements of the bill for broad language.
Colorado Parents Unload On Liberal Lawmakers, Prompting Changes To Controversial Gender Bill
Colorado has been at the center of several high-profile cases based on its anti-discrimination laws over the past few years. Most infamously, Masterpiece Cakeshop owner Jack Phillips has been sued multiple times over his refusal to bake a cake celebrating a same-sex wedding or a gender transition.
In 2023, the Supreme Court ruled against the state, finding that Colorado's anti-discrimination laws could not force a graphic designer to create wedding websites for same-sex weddings in violation of her beliefs.Original article source: Colorado parent groups sue state over controversial new transgender law enforcing 'compelled speech'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
8 hours ago
- Yahoo
Portland ICE building being restored after riot, protests
PORTLAND, Ore. (KOIN) – After two days of , the block appears to be clear Monday afternoon. Several protesters camping outside of the ICE facility were ordered to move, and they are now set up down the street. Second man involved in Clackamas Town Center parking lot shooting gets 70-month sentence Meanwhile, the building itself is in the process of being restored with protective boards and the graffiti is being power washed away. Tensions were high over the weekend, with hundreds of people protesting outside the ICE building on Saturday. That number dwindled down to around a few dozen on Sunday. Portland police declared the protests a riot on Saturday night, saying they were going to make targeted arrests. That night, ICE agents also threw several rounds of tear gas into the crowd. KOIN 6 News reporters observed some of the protesters tossing the canisters back at the building along with water bottles and other materials. Crews also saw ICE agents use paintballs, rubber bullets and pepper bullets against protesters. Stabbing suspect at large after victim seriously injured in SW Portland Damage to the ICE building includes graffiti, smashed windows and doors, and trash. One protester, Blue, told KOIN 6 News there are greater things at stake than building damage. 'People are going to exercise their First Amendment right how they choose,' Blue said. 'It's a building. It has no rights. It has no importance to me. Compared to the human lives that are at stake here.' 'People are choosing to be in a location that they're not supposed to be, it seems like the protest is that's kind of, to begin with, their only crime. And then the police come out and get violent and then it becomes something else,' added a protestor named Casey. over the course of the weekend, and some face felony charges. Four appeared in court Monday. 'I grieve that there's the violent, or more demonstrative, type of stuff missing. I'll just making that statement about why this is what we're about,' said protestor Wayne Smith. 'I think maintaining social order is the responsibility of the police.' Portland Mayor Keith Wilson with the following statement: 'An estimated 50,000 Portlanders marched together in solidarity and protest yesterday, joining demonstrations from across the nation. We celebrate all those who peacefully and powerfully raised their voices against Federal overreach, which are deeply held values in both Portland and our nation. Miles from the planned demonstration, an Immigration and Customs Enforcement facility was damaged by fireworks and other materials. The Incident Command team learned of one federal officer being injured and sent resources to assist, but learned he did not require medical treatment. Later in the evening, PPB was notified that two additional officers received minor injuries and they, too, did not require treatment. The Portland Police Bureau responded swiftly, arrested one person, and cleared a path for a medical evacuation, which was ultimately not required. Later in the evening, a small group of demonstrators remained at the facility and the majority were exercising their constitutional right to free speech while remaining law abiding. However, PPB did step in to make targeted arrests when they had probable cause of criminal behavior. Portland is a sanctuary city within a sanctuary state, and the Portland Police Bureau serves and protects our community. We affirm the right to free speech and expression while emphasizing that violence, destruction, and obstruction carry consequences. Portland complies with all applicable federal and state laws and will not obstruct lawful federal enforcement operations. Our officers will not be used as agents of ICE, but will intervene when criminal acts occur. Accordingly, our officers have maintained a presence at the facility during demonstrations. It is important to note that just because arrests are not made at the scene, when tensions are high, that does not mean that people are not being charged with crimes later. Even when arrests do not happen in the moment, PPB members will continue to conduct follow-up investigations, make arrests, and forward cases to the Multnomah County District Attorney for prosecution. Portland has not requested and does not require the intervention of the National Guard. Deploying military troops to the heart of an American city, as the administration has in Los Angeles, is an unwarranted, unprecedented, and unconstitutional action. If we witness federal abuse following this incident or any other pretext, we will bring it to light, take legal action, and take the fight to federal courts, where we will prevail.' KOIN 6 News reached out to ICE officials, but we have yet to receive a response. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
8 hours ago
- Yahoo
Federal lawsuit looks to halt Arkansas' Educational Freedom Account program; claims it violates US Constitution
LITTLE ROCK, Ark. (KNWA/KFTA) — Four Arkansans have filed a federal lawsuit against multiple state departments over the state's Educational Freedom Accounts, claiming it violates the United States Constitution. The lawsuit was filed in the Eastern District of Arkansas on June 13. The plaintiffs are Gwen Faulkenberry of Franklin County, Special Renee Sanders of Drew County, Anika Whitfield of Pulaski County and Kimberly Crutchfield of Pulaski County. The lawsuit names Gov. Sarah Huckabee Sanders, the Arkansas Department of Education, the Arkansas Department of Finance and Administration, Education Secretary Jacob Oliva, Secretary of the Department of Finance and Administration Jim Hudson and the nine-member state Board of Education, who are represented by state Attorney General Tim Griffin's office. The plaintiffs said in the 108-page complaint that the Education Freedom Accounts, or 'the Voucher Program', violates the First Amendment of the United States Constitution, which prohibits the government from favoring one religion over others. Benton County employee fired after sexual misconduct investigation It also claims that the equal protection clause of the 14th Amendment is violated, which mandates that people in similar circumstances receive the same treatment under the law. Article 2, Section 24 in the Arkansas Constitution is also reportedly violated. The article prohibits people from being compelled to attend any place of worship against their consent and bars the state from giving preference by law to religious establishments, denominations or modes of worship 'above any other.' 'The LEARNS Act is, through the use of public funds of the State of Arkansas, creating a separate and unequal dual school system of public and private schools, the latter of which, as a regular part of their curricula, teach the doctrines of particular religious, creeds and sects as a means of the establishment, encouragement, development and perpetuation of such religions, creeds and sects,' the complaint said. The plaintiffs say in the complaint that the EFA system 'denies the equal protection of the laws available and applicable to Arkansas school children based on economic, racial and physical characteristics and abilities.' It also allegedly creates a 'system of private schools that are not available to all school children in Arkansas because such private schools are not located in and accessible to school children in many rural areas' in the state. The Arkansas Department of Education's website reports that since the start of the 2023-24 school year, Arkansans have applied for more than 64,000 Education Freedom Accounts. Voucher recipients were given at least $6,856 each for the 2024-25 school year, and next year's will receive $6,864, the ADE previously told KNWA/FOX24. The EFA program was created by the LEARNS Act in 2023. It aims to provide state-funded accounts to approved families, helping them cover the costs of private school tuition, homeschooling, and other educational expenses. 5 Arkansas-based companies in Forbes' latest 'Global 2000' list A spokesperson for Governor Sanders' office gave the following statement to KNWA/FOX24 on Friday: 'This suit has no merit. More than 44,000 students have applied for EFAs for next school year and far-left activists are playing politics with those kids' futures to try and protect a failed status quo.' The Department of Finance and Administration said that as a policy, the department does not comment on any active litigation. 'The LEARNS Act has been a game-changer for Arkansas. Where previously there was stagnation, we now see progress. Where there was malaise, we now see hope. I have successfully defended the LEARNS Act and will eagerly do it again,' Attorney General Tim Griffin's office said in a statement. KNWA/FOX24 also reached out to the Arkansas Department of Education for comment, but has not heard back. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Miami Herald
13 hours ago
- Miami Herald
Louisiana Classroom Ten Commandments Requirement Blocked by Court
A three-judge panel from the 5th U.S. Circuit Court of Appeals on Friday struck down Louisiana's requirement for displaying the Ten Commandments in public school classrooms. Newsweek reached out to the office of Governor Jeff Landry via email on Saturday for comment. The ruling represents a decisive legal victory for advocacy groups challenging the state mandate on constitutional grounds. This constitutional challenge reflects broader national tensions over religious expression in public education, with the mandate previously receiving support from President Donald Trump and Republican lawmakers. The ruling's implications extend beyond Louisiana, as Texas advances comparable legislation that affects nearly 6 million students in the nation's second-largest school system, while Arkansas faces parallel legal challenges as well. Louisiana Republican Governor Jeff Landry enacted the classroom display requirement in June 2024, mandating poster-sized presentations of the Ten Commandments across all public-school facilities. The law was quickly challenged by parents of Louisiana school children from various religious backgrounds, who filed a lawsuit arguing it violates First Amendment language that guarantees religious liberty and forbidding government establishment of religion. The ruling by the 5th U.S. Circuit Court of Appeals marked a major win for civil liberties groups who said the mandate violates the separation of church and state. The decision upholds an order issued last November by U.S. District Judge John deGravelles who declared the mandate unconstitutional and ordered state education officials not to enforce it. In a court with more than twice as many Republican-appointed judges, two of the three judges involved in Friday's ruling were appointed by Democratic presidents. Historical precedent shows the U.S. Supreme Court ruled in 1980 that a Kentucky law requiring the posting of the Ten Commandments in public school classrooms violated the Establishment Clause of the U.S. Constitution, finding it had no secular purpose but served a plainly religious purpose. In 2005, the Court held that displays in Kentucky courthouses violated the Constitution, while simultaneously upholding a Ten Commandments marker on the grounds of the Texas state Capitol in Austin. American Civil Liberties Union (ACLU) senior staff attorney Heather L. Weaver told the Associated Press: "This is a resounding victory for the separation of church and state and public education. With today's ruling, the Fifth Circuit has held Louisiana accountable to a core constitutional promise: Public schools are not Sunday schools, and they must welcome all students, regardless of faith." Americans United for Separation of Church and State spokesperson Liz Hayes told the AP: "All school districts in the state are bound to comply with the U.S. Constitution. Thus, all school districts must abide by this decision and should not post the Ten Commandments in their classrooms." Louisiana Governor Jeff Landry wrote in a statement on Friday: "The Ten Commandments are the foundation of our laws—serving both an educational and historical purpose in our classrooms." Louisiana Attorney General Liz Murrill said she would appeal the ruling, including taking it to the U.S. Supreme Court if necessary. Landry stated Friday that he supports the attorney general's plans to appeal. Reporting from the Associated Press contributed to this article. Related Articles Mahmoud Khalil Blasts Trump After Release: 'They Chose The Wrong Person'Trump Admin Gives Update on Using Military to Support ICE in 3 StatesMahmoud Khalil Cannot Be Detained or Deported, Judge RulesLouisiana Father Charged With Murder After Toddler Dies in Hot Car 2025 NEWSWEEK DIGITAL LLC.
