Transgender and nonbinary people would receive more explicit protections in Colorado’s anti-bias and harassment law if a newly introduced bill becomes law.
Advocates characterize the bill as a simple legislative fix to ensure gender identity and expression are protected across state law, while also sending a message about Colorado’s values.
“(The bill) ensures nonbinary and trans people are seen and represented in every part of Colorado law, which is especially important now with the wave of anti-trans rhetoric and legislation across the country,” said Garrett Royer, political director for LGBTQ advocacy organization One Colorado. “It helps the state remain a leader on LGBTQ rights with a very simple legislative fix.”
State nondiscrimination statutes already specifically protect people based on their gender identity and gender expression when it comes to areas such as public accommodation, housing and employment, Royer said.
This change would add gender identity and expression to Colorado’s bias-motivated crimes statute, which is aimed more at person-to-person harassment and intimidation.
Royer said gender identity was generally covered under sexual orientation protections previously, but this change would add clarity. These protections also would include harassment based on other people’s perceptions of the victim’s identity.
Senate Bill 189 is sponsored by Democratic Sens. Rhonda Fields of Aurora and Chris Hansen of Denver. Its first committee hearing is set for Monday.
“The No. 1 reason for hate crimes is based on gender identity and expression,” Fields said. “These folks are attacked and bullied more than any other demographic, and it’s not in our statute as it relates to having special protection. So it’s just that simple.”
This proposal comes as the legislature has debated other bills aimed at protecting gender identity. Two bills concerning individuals’ preferred names were the subject of lengthy, contentious debates and testimony rife with anti-transgender arguments as they moved through the House.
Hansen, who joined a voice vote in support of a bill to allow non-legal name changes in schools on Thursday morning, said these are separate debates.
Those bills propose more significant changes, he said, while this one would fill “a gap” in state statutes and definitions.
“We want to make sure we’re covering transgender issues in (the anti-bias) statute and this is a very simple bill to do that,” Hansen said.
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