Colorado Democrats passed it – 4 months in jail (claim) if you do not use pronouns as told (hmmm – some corrections on it)

“If they are interacting with a customer and the customer says, this is my preferred name and these are my preferred pronouns, this is the way I want to be addressed, there is a legal obligation to do that. They’re compelled to use those pronouns and those surnames under Colorado’s law. That’s compelled speech, and the real kicker is there criminal penalties for it. You can have prison time, jail time for up to 4 months if you don’t abide that.”- Kristen Waggoner, President, CEO & General Counsel at Alliance Defending Freedom  – now read the details we looked into…  Yes – you can be sued for daring to ‘misgender’ but no jail time….

The law in this video appears to be House Bill 25-1312 (HB25-1312), also known as the “Kelly Loving Act,” which was passed by the Colorado legislature in 2025 and amends the Colorado Anti-Discrimination Act (CADA, codified in Colorado Revised Statutes Title 24, Article 34). This bill adds explicit protections for transgender individuals, including provisions related to the use of chosen names and pronouns. Below, I’ll outline the key facts based on the bill’s text, official summaries, and related statutes, focusing on pronoun use (including misgendering and deadnaming) and penalties. Note that the video’s claim of “4 months in jail” for failing to use demanded pronouns is not supported by the law; penalties are civil in nature, not criminal.Key Provisions on Pronoun Use, Misgendering, and Deadnaming

• Definitions:
  • Misgendering: Defined as purposefully referring to an individual using an honorific or pronoun that conflicts with their gender identity or expression, with intent to disregard it. Repeated use after being notified of the preferred pronouns is evidence of intent.
  • Deadnaming: Defined as purposefully referring to an individual by their birth name (or “deadname”) instead of their chosen name, with intent to disregard their gender identity or expression. Repeated use after notice is evidence of intent.
  • Chosen Name: A name an individual requests to be known by to reflect their gender identity or expression (as long as it’s not offensive or frivolous). This is treated as part of “gender expression” under CADA.
• Contexts Where These Apply:
  • Public Accommodations (e.g., Businesses, Services): It is unlawful discrimination to publish materials (e.g., advertisements, signs, or communications) that intentionally misgender or deadname someone. Refusing a pre-publication request to use chosen pronouns or names can be evidence of discriminatory intent. This applies to places like stores, restaurants, or service providers open to the public.
  • Child Custody Cases: Misgendering or deadnaming a child is considered a form of “coercive control,” which courts must factor into decisions about parental responsibilities, custody, and the child’s best interests. This does not create a standalone offense but can influence custody outcomes (e.g., potentially leading to reduced parenting time for a non-affirming parent).
  • Education and Public Entities: Schools and government agencies must allow inclusive policies for chosen names and use them on forms and communications (unless legally required otherwise for verification). This promotes respect for pronouns but does not mandate them in all interactions.
  • The law does not compel general speech in private conversations or everyday interactions outside these contexts. It focuses on discriminatory acts in protected areas like public services, workplaces (via existing CADA provisions), and family law.
• Intent Requirement: These provisions require purposeful intent to disregard gender identity, not accidental slips. Affirmative defenses may apply if there’s no discriminatory motive.

Penalties and Consequences

• No Criminal Penalties or Jail Time: Violations under HB25-1312 and CADA are handled civilly, not criminally. The Colorado Civil Rights Division (CCRD) enforces CADA and explicitly states it cannot bring criminal charges, impose jail time, or pursue misdemeanors for discrimination violations.

  There is no provision in the bill or CADA for jail time related to pronoun misuse. Claims of “4 months in jail” (as in the video) appear to stem from misinformation or exaggeration, possibly confusing this with unrelated misdemeanor penalties in Colorado law (e.g., class 2 misdemeanors carry up to 120 days in jail for other crimes like minor theft, but not discrimination).Civil Penalties:

  • For public accommodations violations (including misgendering/deadnaming in published materials): A fixed fine of $3,500 per violation, enforced via civil action in court. The aggrieved person can sue for this fine, plus actual damages (e.g., economic losses), non-economic damages (e.g., emotional distress, capped at $50,000 in some cases), attorney fees, and court costs.
  • For employment or housing contexts (if applicable under broader CADA): Similar civil remedies, including back pay, reinstatement, compensatory damages, and fines up to $5,000 per violation in some amendments.
  • In child custody: No fines or jail, but it can lead to adverse outcomes like loss of custody or restricted visitation.
• Enforcement: Complaints go through the CCRD for investigation and mediation. If unresolved, they can escalate to administrative hearings or civil lawsuits. Businesses or individuals found in violation may also face injunctions to stop discriminatory practices.

Sgt K and Mal Antoni at Whatfinger News