Bad Bill
Sponsors: Sen. Sonya Jaquez Lewis (D-Longmont), Sen. Chris Kolker (D-Centennial), Rep. Meg Froelich (D-Centennial), Rep. Lorena García (D-Adams)
The bill creates a civil cause of action for “dignitary harm” when a person discloses or threatens to disclose a minor’s gender identity, sexual orientation, or information about reproductive healthcare without the minor’s consent. The legislation prohibits disclosure of information that would reasonably allow identification of the minor in these categories.
Current law under C.R.S. 19-1-303 recognizes parental rights to direct children’s upbringing, education, and healthcare. The bill does not specify how dignitary harm claims interact with existing parental rights statutes.
The legislation includes exceptions allowing disclosure when required by law, necessary to protect the minor from imminent harm, or with the minor’s informed consent. The bill does not define “dignitary harm” or establish standards for what constitutes reasonable identification risk.
Questions raised include whether the civil cause of action permits minors to sue parents who discuss gender identity with healthcare providers or school officials, how schools navigate obligations to inform parents about children’s welfare while avoiding disclosure liability, and whether the First Amendment’s protection of speech limits civil liability for discussing another person’s gender-related information.
Senate Judiciary scheduled the bill for Wednesday, February 18. Sponsors represent Longmont, Centennial, and Adams County.
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