Defending Ed Files Brief Requesting Preliminary Injunction of Unconstitutional Colorado Law

On February 11, 2026, Defending Education and its fellow plaintiffs filed a brief in Defending Education v. Sullivan, requesting a preliminary injunction of Colorado law HB 25-1312 during the litigation, and denying the defendants’ attempt to scuttle the case by filing a motion to dismiss. In the litigation, Defending Ed and the other plaintiffs challenge the constitutionality of Colorado law HB 25-1312, which punishes Coloradans for their speech and compels them to use language endorsing the State’s views on the highly contested and highly political matters of sex and gender.

Defending Ed has argued that the challenged provisions of the law violate the First and Fourteenth Amendments, and we look forward to the court’s speedy resolution of our requests in an effort to protect the rights of our members and the rights of every person in Colorado who does not want to be punished for expressing their sincerely held views about sex and gender.

The challenged provisions should be declared unconstitutional, and Defendants should be enjoined from enforcing them.

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Read the full brief below: