LGBTQIA+ Protections in Colorado

LGBTQIA+ Protections in Colorado

By: Jax Gonzalez and Alex Floyd

Thanks to the hard work of advocates, community members, and allies, Colorado now has some of the strongest protections for LGBTQ+ people in the country—laws that ensure access to healthcare, safeguard family rights, prevent discrimination, and foster inclusive communities statewide.

This guide includes information on policies and state laws that will protect your right to access care, to change your name, and to be treated equally at work, in school or other places of public accommodation.

While extremists continue to attack our rights and freedoms across the country, Coloradans can rest assured that our rights are not up for debate here. Our progress didn’t happen by accident. Every protection we’ve won has been the result of years of grassroots organizing, persistent advocacy, and courageous leadership. At One Colorado, we’re here to keep pushing forward, no matter what lies ahead, so that Colorado remains a beacon of equality, a state that respects the rights and lives of every LGBTQ+ person.

Healthcare

Colorado is a Sanctuary for Gender Affirming Care

Thanks to efforts by One Colorado and coalition partners- Colorado has protected access to Gender Affirming Care offered in the state. Please read on for information about those protections.

In Colorado - Gender Affirming Care is defined as “legally protected healthcare” - meaning  people can give, receive, and support others in getting gender-affirming healthcare in Colorado without legal threats from inside or outside the state. Here’s a breakdown:

• What’s Protected: "Gender-affirming health-care services" includes all types of medical and mental health support related to treating gender dysphoria, such as:
  • Medical supplies
  • Counseling and mental health services
  • Surgeries or other medical treatments
  • Preventive care, like check-ups and screenings
  • Rehabilitation or therapies to support a person’s well-being
• Who’s Protected: Both the people getting care and the doctors or other providers who give care are protected. This even includes people who are helping someone get this care, like family members or friends.
• Privacy is Protected: Colorado won’t help other states that want to investigate, spy on, or punish people who are giving or receiving gender-affirming care. This means Colorado won’t allow other states to use wiretaps, subpoenas (requests for information), or arrest warrants related to this care.
• Judicial Protection: Colorado courts won’t handle cases that try to punish someone in Colorado for giving or getting gender-affirming care.
• Licensing Protection: Healthcare workers in Colorado won’t lose their Colorado licenses for providing gender-affirming care or reproductive healthcare.
• Protection from Malpractice Claims: If healthcare providers are following Colorado laws, patients can’t use legally protected care to claim malpractice (or poor care) against them in court.

Insurance companies must cover Gender Affirming care

In 2023, Colorado became the first state in the country to explicitly include gender-affirming care services in its benchmark health insurance plan for essential health benefits (EHBs). Private insurance plans sold in Colorado* CANNOT:

• Inquire about an applicant’s or a beneficiary’s sexual orientation or gender identity in an application for coverage;
• Deny, cancel, limit, or refuse to issue or renew a policy because of a person’s sexual orientation or gender identity;
• Deny, exclude, or otherwise limit coverage for medically necessary services, in accordance with generally accepted professional standards of care, based upon a person’s sexual orientation or gender identity.

*If a health plan ID card has “CO-DOI” on it, your plan is regulated by the Colorado Division of Insurance and subject to Colorado’s insurance laws and regulations.

If your card does not say CO-DOI on the back, there are still protections that apply to you as a trans person – for example, your insurance cannot deny you treatment for ovarian cancer just because your plan has you registered as male. Read more about insurance coverage for Gender Affirming Care.

Expanded Medicaid for Gender Affirming Care

Colorado Medicaid, known as Health First Colorado, now offers expanded gender-affirming care coverage. As a reminder Medicaid is a state level managed insurance. Key updates include:

• Simplified Surgery Approval: Only one letter from a licensed provider (e.g., therapist or primary care provider) is needed, with no 60-day time limit before surgery.
• Expanded Procedures Covered: Facial and neck surgeries are now covered.
• Removed Requirements: Mental health counseling is no longer required to start hormone therapy, and hormone therapy is not required before surgeries if it doesn’t align with the individual’s gender goals.

These changes allow transgender, nonbinary, and gender-expansive individuals more control over their healthcare, reducing barriers and respecting each person’s unique gender journey.

Increased Access for HIV Treatment

Coloradans can be prescribed PrEP by a medical provider or a pharmacist. Additionally, insurance companies must cover PrEP without a copay for adults and adolescents at risk for HIV. CO-DOI insurance plans must cover all STI testing, prevention, and treatment – including HIV treatment – without any cost sharing for patients. Read more about HIV and insurance regulations here.

Colorado Banned Conversion “Therapy”

Colorado banned conversion therapy for minors in 2019. So far 23 states have banned conversation therapy, to see more about where this sits nationwide check out MAP’s Resource.

Anti-Discrimination

In 2008, the state of Colorado passed the Colorado Anti-Discrimination Act (CADA) which protects Coloradans from discrimination based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry in education, employment, and in places of public accommodation, like a healthcare facility or school. If you feel like you have been discriminated against, you may file a complaint here.

Name Changes

Simplified Name Change Process

In 2019, Colorado passed Jude’s Law to simplify the process for legal name changes and gender marker corrections on identity documents (IDs) and birth certificates. This removes barriers for transgender and nonbinary Coloradans to update their documents and have accurate, reflective IDs. Named after a young person who testified four years in a row in support of the bill, Jude’s Law:

• Provides the options of F, M, or X on IDs and birth certificates
• Removes the requirements of surgery, a doctor’s note, a court order, and newspaper publication to make changes.
• Automatically changes voter registration to match legal name.

For step-by-step instructions on changing your name, visit the Colorado Name Project.

Path to Non-Legal Name Changes in Schools

In 2024 the Non-Legal Name Changes Bill which states that school personnel are required to address a student by their chosen name in school and during recreational activities. This also required schools to work on creating a written policy outlining how the school will honor a student’s chosen name.

LGBTQIA+ Caregiver Rights

Modernizing Colorado’s Parentage Laws for Assisted Reproductive Technology

Marlo’s law ensures that all parents who conceive through assisted reproductive technology (ART), regardless of gender identity, sexual orientation, or marital status, are eligible for the same rights and legal protections. HB22-1153creates a simplified, streamlined adoption process designed for parents who conceive through ART, and it modernizes Colorado’s outdated parentage laws so that rightful parents are not denied legal recognition, their children are not denied legal protection, and families are not denied the respect and dignity they deserve.

Foster Care Regulations

In 2021 Colorado passed HB21-1072 which prohibits any entity that receives state funding and offers any service related to out-of-home placements of youth, including foster care or adoption, from discriminating against potential adoptive or foster parents and children within the foster care system. Additionally, the bill mandates pre and post-placement training requirements for foster parents

Contact community@one-colorado.org with questions

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