Federal Case
Local Implications
Defending Education, et al. v. Sullivan, et al.
A new Colorado law may do just that—requiring ministries and nonprofits to use individuals’ chosen names and preferred pronouns in public-facing services or risk steep civil penalties. While framed as anti-discrimination, the law raises urgent constitutional questions: Can the state compel speech that contradicts a ministry’s religious convictions? And if so, what does that mean for the future of faith-based service in the public square?
What You Need to Know
In May 2025, Colorado passed the “Kelly Loving Act,” a sweeping amendment to its Anti-Discrimination Act that expands protections for transgender individuals. Among its provisions, the law prohibits “deadnaming” (using someone’s birth name) and “misgendering” (using biological pronouns) in places of public accommodation. It also bans any communication—verbal, written, or digital—that implies someone is “unwelcome” due to their gender expression.
A coalition of nonprofits, including religiously affiliated organizations, filed suit, arguing that the law violates their First Amendment rights by compelling them to use language that contradicts their deeply held beliefs. They are asking the court to block the law’s enforcement, claiming it forces individuals and ministries to affirm ideas they do not agree with.
What Your Ministry Can Do
Chronicle Your Convictions: Ensure your ministry’s governing documents, employee handbooks, and public-facing statements clearly articulate your theological convictions on sex, gender, and human identity.
Audit Your Public-Facing Ministries: Review all ministry operations to determine whether they could be classified as “places of public accommodation” under local state law. If so, they may be subject to the law’s speech and conduct requirements.
Train Staff and Volunteers: Equip your team with clear guidance on how to engage the public respectfully while remaining true to your convictions.
