While we don’t know yet what will happen, concerns that federal protections and rights that currently exist for transgender people may be eroded or federal legislation and policies that are harmful to trans people being implemented are valid.
Colorado has several laws and policies to protect the rights of trans individuals, particularly in the areas of employment, housing, public accommodations, and healthcare. These protections often include references to "gender identity" and "gender expression" and are reinforced through various state and local policies.
Anti-Discrimination Protections
Colorado Anti-Discrimination Act (CADA): CADA prohibits discrimination based on sexual orientation, gender identity, and gender expression in employment, housing, and public accommodations (S.B. 08-200; H.B. 21-1108). This law ensures that trans people are protected from discrimination in most areas of public life.
Employment Protections Beyond CADA: Colorado also upholds protections for trans employees under federal law, notably the U.S. Supreme Court's decision in Bostock v. Clayton County, which affirmed that discrimination based on gender identity is a form of sex discrimination under Title VII of the Civil Rights Act. This provides additional protections for trans individuals facing workplace discrimination.
Non-Discrimination in State Services: Colorado law prohibits discrimination based on gender identity in accessing services provided by state agencies. This includes programs like social services, health and family services, and other state-administered programs, ensuring equitable treatment for trans individuals in all interactions with state agencies.
Public Accommodations: Under Colorado law, trans individuals have the right to access public facilities, such as restrooms, that align with their gender identity. This protection extends to all areas covered under public accommodations, which includes services and spaces available to the general public.
Healthcare Protections
Insurance Coverage: Colorado law requires that health insurance providers do not exclude coverage for gender-affirming healthcare services (S.B. 23-188). The state prohibits denial of medically necessary treatments related to gender transition.
Medicaid Coverage: Colorado Medicaid provides coverage for gender-affirming treatments, including hormone therapy and surgeries. Trans people eligible for Medicaid in Colorado can access these health services without facing discrimination based on gender identity.
Conversion Therapy Ban: Colorado prohibits licensed healthcare professionals from performing conversion therapy on minors (H.B. 19-1129). This law protects LGBTQ+ youth, including transgender youth, from practices that aim to change their gender identity or sexual orientation. There is, however, an exemption in the law for religious providers.
Health Insurance Non-Discrimination Protections: Colorado’s Division of Insurance has issued specific bulletins to prevent discriminatory practices by insurance companies that exclude or limit coverage for gender-affirming care. These bulletins reinforce that insurers must treat gender-affirming healthcare similarly to other medically necessary treatments.
Identification Document Changes
Driver’s Licenses and State IDs: Trans individuals can change their gender marker on Colorado driver's licenses and state IDs without needing to undergo surgery or provide medical documentation (H.B. 19-1039). The Colorado Division of Motor Vehicles allows residents to select "M," "F," or "X" for non-binary identification.
Birth Certificates: Colorado allows trans individuals to amend their birth certificates without surgical requirements. Residents can change the gender marker on their birth certificates by submitting a completed form without additional documentation from healthcare providers.
Name Change Process: Colorado’s name change process has been streamlined to make it more accessible for transgender individuals. Recent legislation removed some of the barriers and requirements that were previously restrictive, making it easier for trans people to align their legal name with their gender identity without undue burdens. Name changes to align with a person’s gender identity do not have to be published for the public.
Protections in Schools
Inclusive Education Policies: Colorado's policies require schools to respect students' gender identities, including the use of correct names and pronouns (H.B. 24-1039). Additionally, students are permitted to access facilities that align with their gender identity (CCRC Rule 81.9).
Protection from Bullying and Harassment: Colorado mandates anti-bullying policies in public schools that specifically address harassment based on gender identity and gender expression (H.B. 21-1108).
Foster Care, Juvenile Detention, and Prison Protections
Youth Protections: Colorado has policies in place to protect trans youth in foster care and juvenile detention settings, including ensuring placement and treatment consistent with their gender identity (H.B. 24-1017). This includes access to gender-affirming clothing and healthcare, as well as protections from discrimination and harassment based on gender identity.
Prison and Jail Protections: The Colorado Department of Corrections has specific guidelines for trans individuals in custody, including housing decisions that consider their gender identity and access to gender-affirming healthcare (CADA; Raven v. Polis). Policies also address respecting preferred names and pronouns to ensure the dignity and safety of incarcerated trans individuals.
Voting Rights
Gender Discrimination in Voting: Colorado’s election laws ensure that trans individuals can vote regardless of discrepancies between their gender presentation and the gender marker on their identification. Voter ID requirements in Colorado are designed to accommodate all eligible voters, including those who are transgender or non-binary.
Survivor Programs and Bias-motivated Crimes
Accessible Programs: Survivor protections in Colorado mandate that programs serving survivors of domestic violence and sexual assault include protections for trans individuals. This means that services such as shelters and crisis programs must respect and accommodate trans people’s identities, ensuring equal access to survivor support services.
Bias-motivated Crimes: Colorado’s hate crime laws protect individuals from crimes motivated either entirely or partly by bias against sexual orientation and/or gender identity (H.B. 05-1014). Bias-motivated charges apply in cases where crimes are determined to be motivated by prejudice against LGBTQ+ individuals.