Transgender Rights at the Precipice

As national attacks intensify, fragile federal workplace safeguards and Colorado’s delayed Kelly Loving Act offer limited hope, revealing both the promise of progress and the legal uncertainty surrounding transgender protections.

By Mike Broemmel

USE ARROWS TO MOVE THROUGH IMAGES

No part of the LGBTQ+ community is under more intense attack than that of transgender persons across the country, including in Colorado. Nationally and in Colorado, there are only a couple of fragile glimmers of hope for the transgender population as the new year approaches, rooted largely in limited federal protections and newly enacted—though not yet enforceable—state-level efforts.

At the federal level, the one sector in which transgender individuals currently maintain a vestige of protection is in the workplace. This safeguard exists primarily because of the U.S. Supreme Court’s decision in Bostock v. Clayton County, in which a majority of the Justices ruled that transgender status is protected under Title VII of the Civil Rights Act. As a result, employers are prohibited from mistreating or firing workers for being transgender—at least according to the holding in Bostock. While this protection remains intact for now, it stands on increasingly uncertain ground amid shifting judicial and political landscapes.

At the state level, during the 2025 legislative session, Colorado attempted to take steps of its own to buttress transgender rights. The Legislature enacted the Legal Protections for Transgender Individuals Act, also known as the Kelly Loving Act, named after a transgender woman murdered in the Colorado Springs Club Q mass shooting. The legislation was signed into law in May 2025 and was widely viewed as a significant step toward codifying stronger protections for transgender people in the state.

1/1

People waving transgender flags -Adobe Stock Image

Before considering the law’s key provisions, however, it is important to note that these protections do not go into effect until October 1, 2026. Typically, legislation signed by the Colorado Governor takes effect during the summer of the same legislative session, not a year and a half later. This unusual delay exists in part to allow time for the statute to be judicially challenged. In other words, the likelihood that all of the Kelly Loving Act’s major provisions will ultimately be enforceable can fairly be described as uncertain.

Among the most significant components of the Kelly Loving Act is the expansion of the definition of “chosen name” under the Colorado Anti-Discrimination Act. Under this new law—again, not yet in effect—a chosen name includes one an individual requests in connection with their gender identity or gender expression. As a result, misgendering individuals is formally incorporated into the state’s anti-discrimination framework.

The law also imposes new requirements on education systems. Traditional public schools and public charter schools must adopt policies related to chosen names, dress codes, and other matters that are inclusive of all reasons why students might choose a name different from the one listed on their birth certificate. Moreover, dress code policies must be designed to permit students to select from any option enumerated within the code, rather than limiting choices based on what is considered “gender specific.”

1/1

Transgender sign -Adobe Stock

In the realm of family law and child custody, the Kelly Loving Act prohibits Colorado courts from giving effect to or otherwise enforcing another state’s law that would permit the removal of a child from a parent for allowing that minor to receive gender-affirming care. In practical terms, the statute arguably positions Colorado as a sanctuary state for parents of transgender children seeking to protect their families from hostile out-of-state policies.

The statute also addresses workplace protections and public accommodations, clarifying that existing employment discrimination laws in Colorado explicitly cover gender expression, chosen names, and how a person chooses to be addressed. These clarifications are intended to close loopholes that have historically left transgender individuals vulnerable to discriminatory treatment.

Simply and in summary, the assault on transgender rights will continue apace as the new year begins. The protections contained within the Kelly Loving Act—delayed, contested, and politically charged—will stand front and center in that ongoing legal and cultural battle.

----
M

About the author

Writing and journalism has been at the heart of Mike’s life after graduating from college with a degree in political science and journalism and beginning his career in the White House Office of Media Relations and Planning (and then in the Office of the First Lady). A primary focus of his work has been in the realm of political analysis and commentary. Mike is also a playwright with several productions addressing issues of equality, diversity, and inclusion that have been produced internationally.

Since 2004, METROMODE has been a beacon for the LGBTQIA+ community and our allies. We’re a publication built on quality, not only in our advertising clients but in the look, feel, and editorial pieces of each magazine. METROMODE speaks to the entire community with thoughtful analysis of local, national, and global events affecting our community; developments in business, finance, the economy, and real estate; interviews with emerging and seasoned artists, musicians, and writers; appealing new opportunities to enjoy Colorado’s rich culture and social atmosphere; quality aesthetic experiences from film, to food, to music, to art, to night life; and challenging social and political thought.

Transgender Rights at the Precipice

As national attacks intensify, fragile federal workplace safeguards and Colorado’s delayed Kelly Loving Act offer limited hope, revealing both the promise of progress and the legal uncertainty surrounding transgender protections.

---- M

----
M