Christian Bookstore Challenges Colorado’s Trans Protection Law
In a noteworthy legal battle, the proprietors of a Christian bookstore located in Colorado are taking a stand against a state law designed to expand protections for transgender and gender-nonconforming individuals. The lawsuit, filed by Alliance Defending Freedom on behalf of Eric and Sara Smith, owners of Born Again Used Books in Colorado Springs, targets the Kelly Loving Act, a recent legislative initiative named after a transgender woman who tragically lost her life in the 2022 Club Q mass shooting.
Signed into law by Colorado’s openly gay Governor Jared Polis, the Kelly Loving Act amends the Colorado Anti-Discrimination Act, making it unlawful to deliberately misgender or use a former name (deadname) for trans and gender-nonconforming people within public spaces such as schools and workplaces. The law aims to foster a more inclusive environment by respecting individuals’ gender identities.
The Smiths, however, argue that this new legislation infringes on their First Amendment rights, specifically their freedom of expression and religion. They claim that the law prohibits them from expressing their Christian beliefs regarding gender and sexuality both in their bookstore and on their online platforms. According to the lawsuit, they are compelled to use pronouns and titles that align with individuals’ gender identities, which they argue contradicts their religious convictions about biological reality.
A statement from Alliance Defending Freedom, a legal organization known for advocating religious freedoms, emphasized the bookstore’s stance: “Born Again Used Books welcomes all customers, but Colorado’s law now mandates them to prioritize gender identity over biological sex, which clashes with their Christian beliefs.” The Smiths feel that being forced to comply with pronouns and titles that do not align with their religious views amounts to a violation of their constitutional rights.
Furthermore, the lawsuit contends that the enforcement of the Kelly Loving Act could lead to significant legal and financial repercussions for the Smiths. Potential penalties include cease-and-desist orders, costly investigations, administrative hearings, and substantial fines. The lawsuit seeks a court order to prevent the state from enforcing the updated anti-discrimination law against Born Again Used Books, as well as other similar entities.
This legal challenge is not an isolated incident. Alliance Defending Freedom has a history of representing Christian business owners in similar cases across the United States. Notably, they previously represented Jack Phillips, owner of Masterpiece Cakeshop, in a high-profile case involving the refusal to create a cake for a gender reveal celebration requested by a transgender attorney. Although the Colorado Supreme Court dismissed that case on procedural grounds, it highlighted ongoing tensions between religious freedoms and anti-discrimination protections.
As the case unfolds, it raises critical questions about the balance between protecting civil rights and respecting religious freedoms. While Colorado strives to create an inclusive environment for all its residents, the Smiths and similar business owners argue for their rights to operate in accordance with their faith without facing legal repercussions.
This lawsuit underscores the broader national debate regarding the intersection of religious beliefs and LGBTQ+ rights. As legal battles continue to emerge in various states, they reflect the complex and often contentious nature of these discussions. The outcome of the Smiths’ case could have far-reaching implications for the enforcement of anti-discrimination laws and religious freedom protections across the country.
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