Kelly Loving Act: A Breakdown of the Legislation

The Kelly Loving Act (HB25-1312), named in honor of a transgender woman who was killed in the Club Q shooting while protecting others, has passed both chambers of the legislature and is headed to the governor’s desk for signature before becoming law.

Trans people brought the legislation to this point, and without their stories and advocacy, we couldn't have gotten here.

Thank you to Bread and Roses Legal Center and the bill sponsors—Representatives Lorena García and Rebekah Stewart and Senators Faith Winter and Chris Kolker—for their leadership and commitment to transgender equality. We’re also grateful to One Colorado, ACLU of Colorado, Movimiento Poder, Four Corners Rainbow Youth Center, Denver DSA, CWA 7799, and other community partners for their engagement and collaboration throughout the legislative process.

This landmark bill strengthens and clarifies key protections for transgender Coloradans under state law, ensuring dignity, safety, and access to essential services. But what exactly does this legislation do? Below, we break down the bill section by section.

Section 1: Legislation Title

• Names the act the "Kelly Loving Act."

  
  

Section 2, 3, 4 and 5: Marriage License and Civil Unions Name Changes and Effective Date

• Allows people to get a new marriage license and civil union license after a name change with no indication that a change occurred and retains the original effective date.

  
  

Section 6 and 7: School Chosen Name and Dress Code Policies

• If schools or staff enact chosen name policies, they must be inclusive of all reasons a student might adopt a name different from their legal one.

• Students must be allowed to choose freely from any of the dress code clothing options provided.

  
  

Section 8: Defines Chosen Name and expands definition of Gender Expression

• Defines "chosen name" in law as a name an individual requests to be known by, connected to protected characteristics.

• Expands the legal definition of "gender expression" to include chosen name and how the person is addressed. 

  
  

Sections 9: Legislative Declaration

• The Colorado General Assembly affirms that all Coloradans have the right to access employment, housing, public spaces, and advertising free from discrimination based on protected characteristics. It also declares that Coloradans have a longstanding right to make personal decisions—especially about legally protected health care—without undue government interference. This includes decisions that support their mental, physical, and emotional well-being, and that of their families.

  
  

Section 10, 11, 12, and 13: Repeals  or Updates Gender Marker Limit on Birth Certificates and State-Issued Identification

• Allows for updating sex designations through self-attestation on birth certificates without a limit and state IDs, Driver’s Licenses, and standard identification and non-citizen ID documents up to three times. After three times a court order is required.  

  
  

Section 14: Severability Clause

• Ensures that if part of the law is struck down, the rest remains enforceable.

  
  

Section 15: Effective Date

• Most of the act takes effect immediately after being signed by the governor.

• Sections 11–13 (ID and license gender marker rules) take effect October 1, 2026 due to pre-scheduled technology updates on relevant databases.

  
  

Section 16: Safety Clause

• Declares the act essential for public peace, health, and safety allowing for immediate implementation without waiting for the 90-day referendum period to expire.