WASHINGTON D.C. — Independent Women’s Law Center, together with the Manhattan Institute, has filed an amicus brief in the U.S. Court of Appeals for the Tenth Circuit, supporting challenges to Colorado’s recently amended Anti-Discrimination Act, arguing that the law violates the First Amendment by compelling individuals to use government-mandated language regarding sex and gender identity.
The brief was filed in Defending Education v. Sullivan, a consolidated appeal involving educators, business owners, and organizations challenging Colorado’s law, which requires the use of preferred names and pronouns, penalizing “misgendering” and “deadnaming” in public accommodation settings. Independent Women’s Law Center argues that the government cannot force Americans to express views about biological sex that conflict with their sincerely held beliefs.
“Colorado cannot use anti-discrimination law as a vehicle to compel speech or force citizens to affirm contested ideological beliefs,” said Beth Parlato, senior legal counsel for Independent Women’s Law Center. “The First Amendment protects every American’s right to speak freely, and equally important, the right not to be compelled by the government to say something they do not believe. The Constitution does not permit government officials to dictate what citizens must say about biological reality.”
The brief explains that the Supreme Court has repeatedly held that public-accommodation laws, while serving important purposes, remain subject to constitutional limits. Citing decisions including 303 Creative LLC v. Elenis and West Virginia State Board of Education v. Barnette, Independent Women’s Law Center argues that Colorado’s law impermissibly compels speech by requiring individuals to use language that conveys a government-approved view of sex and gender.
Independent Women’s Law Center’s brief also highlights the consequences such policies have for women and girls. By requiring acceptance of gender identity over biological sex, the law contributes to the erosion of sex-based distinctions that protect women’s privacy, safety, and equal opportunities in areas such as athletics, intimate spaces, and other female-only programs.
“Women’s rights depend on the ability to recognize and speak truthfully about biological sex,” Parlato added. “When government compels speech that denies those distinctions, it not only violates constitutional freedoms, it threatens the legal protections that women and girls rely upon.”
Independent Women’s Law Center urged the Tenth Circuit to reverse the district court and reaffirm that the Constitution does not permit government officials to compel citizens to adopt or express ideological views regarding sex and gender.
Read the brief here.
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