Complete Colorado

Colorado bookstore sues state over ‘gender-expression’ law

COLORADO SPRINGS–A Christian bookstore in Colorado Springs has filed a lawsuit against the state over a controversial gender-expression law passed this year, requiring businesses to address customers according to their preferred pronouns, rather than biological sex.

Born Again Used Books, filed suit on Wednesday, with the help of attorneys from Alliance Defending Freedom(ADF), a public interest law firm specializing in defending First Amendment protections and parental rights.

The Colorado legislature this year redefined “gender-expression” through the Kelly Loving Act, named after a woman killed in the 2022 Club Q mass shooting in Colorado. Governor Polis signed the bill into law in May.

The new law expands “gender expression” to include titles and pronouns, requiring businesses to address customers accordingly or face potential legal consequences for “misgendering” via the Colorado Anti-Discrimination Act (CADA). The lawsuit names Aubry Sullivan, Director of Colorado Civil Rights Division, several members of the Colorado Civil Rights Commission, and Colorado Attorney General Phil Weiser as defendants.

According to the the federal lawsuit, submitted by ADF attorney Henry Frampton, the state has overstepped its boundaries. “The government has no need or right to force Americans to profess ideological views they oppose,” reads the suit, in part. “Our pluralistic country is big enough and sturdy enough to allow people of good faith to express different views, even when the government disagrees. The Constitution demands it. And Colorado is better for it.”

Bookstore owners, Eric and Sara Smith, have expressed their concerns for compromising their Chistian values, but also potentially having to face steep legal punishment as their First Amendment free speech rights hang in the balance.

“As a bookstore, we love talking about ideas. We love talking to people of all various different backgrounds. But when the truth gets lost in the discussion, it’s hard to have a discussion. It’s hard to disagree in a respectful way,” said co-owner Sara Smith.

The lawsuit, among other things, accuses Colorado of “burdening” free speech rights by “…permitting and compelling speech espousing certain viewpoints (using biologically inaccurate language) while prohibiting speech espousing other viewpoints (using biologically accurate language), and excluding and punishing speech that the government disfavors while allowing speech the government favors on that same topic.”

ADF is perhaps best known for its successful defense of Colorado cake decorator Jack Phillips, who refused to make a wedding cake for two gay men. Phillips eventually won his case before the U.S. Supreme Court. ADF also is currently before the US Supreme Court challenging the constitutionality of Colorado’s ban on conversion therapy for minors on behalf of a state-licensed counselor.

ADF also recently represented the Christian summer camp, Camp IdRaHaJe, in their lawsuit against Colorado regulations demanding transgender campers be allowed to use the private bathing, dressing, and sleeping facilities of the opposite biological sex.

As previously reported by Complete Colorado, ADF successfuly settled the lawsuit, with the state exempting Camp IdRaHaJe, and all other religious camps, from the gender identity rules.

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