Kelly Loving Act: Colorado’s New Transgender Protections

In 2025, Colorado took a bold step forward in protecting the rights of transgender individuals and the families who support them. With the passage of HB25-1312, now known as the Kelly Loving Act, Colorado affirms its commitment to being a safe, supportive, and affirming place for LGBTQ+ individuals, especially those seeking gender-affirming care.

At Modern Family Law, we believe families come in many forms, and that the law should evolve to protect them all. As families change, the legal system must adapt. The Kelly Loving Act does just that—offering protection, clarity, and support in the face of growing hostility in other parts of the country.

What Is The Kelly Loving Act (HB25-1312)

Named in memory of Kelly Loving, a transgender woman tragically murdered in Colorado in 2022, HB25-1312 ensures that transgender individuals and those who support them are protected from out-of-state prosecution when seeking or providing gender-affirming care in Colorado.

This legislation, signed into law by Governor Jared Polis in April 2025, solidifies Colorado’s role as a safe haven state for transgender healthcare and gender-affirming medical services.

What The Kelly Loving Act Does

The law is centered around protecting patients, providers, and families from legal retaliation when it comes to gender-affirming care. Specifically, HB25-1312:

• Prohibits Colorado courts and law enforcement from complying with out-of-state subpoenas, warrants, or legal requests involving the provision or receipt of gender-affirming care.

• Ensures legal protection for medical providers and institutions offering gender-affirming treatments.

• Shield parents or guardians from being prosecuted or investigated by other states for supporting their child’s medical transition when care is received in Colorado.

This aligns with similar safe haven laws passed in progressive states, ensuring that people fleeing states with anti-trans laws are not criminalized in Colorado for seeking care.

What The Law Doesn’t Do

To address common misconceptions, it’s important to understand what HB25-1312 does not do:

• It does not override parental rights—minors still require consent from a parent or guardian to receive gender-affirming care under Colorado law.

• It does not mandate gender-affirming care for anyone. It only protects those who voluntarily seek or provide it.

• It does not impact current custody law directly. However, it may influence decisions in custody disputes involving transgender children when out-of-state orders conflict with Colorado’s protections.

In short, the law protects choice and care—it doesn’t impose medical decisions or strip parental authority.

How This Impacts Families & Family Law In Colorado

The Kelly Loving Act has significant implications for custody, parenting plans, and interstate family law disputes:

• Custody Disputes Across State Lines: If a parent supporting their transgender child moves to Colorado, this law protects them from being criminalized by another state that prohibits gender-affirming care.

• Parenting Plans: Parents may now incorporate specific protections or affirming care agreements into parenting plans, knowing Colorado courts uphold these rights.

• Healthcare Decision-Making: Courts may now be more inclined to view affirming a child’s gender identity as part of acting in the child’s best interests, a cornerstone of family law.

For Colorado families navigating these sensitive issues, the law provides reassurance and clarity.

School Records & Emotional Harm: What The Kelly Loving Act Signals

Under the Kelly Loving Act, Colorado schools are now required by law to honor a student’s gender identity. This includes using the student’s chosen name and pronouns, and allowing students to dress in a way that aligns with their gender expression.

For families involved in custody disputes, this change could have real consequences in court. If one parent consistently supports their child’s gender identity and the other does not, schools may take note—and in some cases, create a record. For example, a teacher or counselor might document that one parent refused to use a child’s correct name or objected to the child wearing gender-affirming clothing. These types of records could be brought into court as evidence of emotional harm or a lack of parental support.

While the law doesn’t define misgendering or deadnaming as a form of legal abuse, repeated and intentional behavior of this kind, especially when it creates distress for the child, may be viewed as part of a pattern of emotional abuse or harassment. In family court, this can impact decisions around:

• Parenting time schedules

• Supervised visitation

• Protective orders

• Which parent is granted decision-making authority

Judges are tasked with protecting a child’s mental and emotional well-being. When a parent’s actions show a refusal to affirm a child’s identity, that behavior may be weighed against them in decisions about custody or visitation.

Conclusion

As families continue to evolve, so must the law. The Kelly Loving Act is a necessary and compassionate response to the real-world needs of families today. At Modern Family Law, we aim to protect, empower, and advocate for families in all their forms. We know that family law isn’t just about divorce or custody—it’s about creating stable, loving environments for children and parents alike. For many families, affirming a child’s identity is part of that support.

We’ve seen how anti-trans laws in other states create fear, separation, and trauma for families simply trying to do what’s right for their children. Colorado’s Kelly Loving Act is an essential safeguard.