Defending Education et al. v. Sullivan et al.

Colorado State Governor Jared Polis signed HB 25-1312 into law, establishing a new “anti-discrimination” policy that abridges the fundamental free speech rights of Colorado citizens.

On May 19, 2025, Defending Education (DE), Colorado Parent Advocacy Network, Protect Kids Colorado, Do No Harm, and Dr. Travis Morrell sued several Colorado state officials in the U.S. District Court for the District of Colorado. The case, Defending Education v. Sullivan, was brought under 42 U.S.C. § 1983, a federal law that lets people sue government officials who violate their constitutional rights. The plaintiffs argue the state is violating their free speech rights under the First and Fourteenth Amendments.

The Supreme Court has held that “no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.” The state can’t take sides in a heated public debate or silence views just because it finds them offensive.

Over strong public opposition, Colorado Governor Jared Polis signed House Bill 25-1312 into law. According to the lawsuit:

• The law forces people to use preferred names and pronouns. It changes the definition of “gender expression” in the Colorado Anti-Discrimination Act to include a person’s “chosen name” and the words by which they “choose to be addressed.” Using someone’s birth name or biological pronouns in a place open to the public is now a “discriminatory practice.”
• The law limits what people can publish. It is also a “discriminatory practice” to publish or send materials that suggest someone is “unwelcome” in a place open to the public because of “gender expression.” That means businesses and organizations open to the public can’t publish materials that use a person’s birth name or biological pronouns.
• The exceptions are narrow. People may decline to use a requested name only if it contains “offensive language” or is requested for “frivolous purposes.” There is no exception at all for pronouns.

All four organizations and Dr. Morrell believe sex is fixed at birth and oppose spreading gender ideology among Colorado’s youth. They want to speak in line with those beliefs and do not want to be forced to affirm views they reject, which is exactly what the law requires. They argue the law violates the First Amendment and is too vague under the Fourteenth Amendment. They ask the court to declare the challenged parts of the law unconstitutional and stop the state from enforcing them, to protect their rights and the rights of everyone in Colorado who does not want to be punished for sharing sincere views about sex and gender.

Read the complaint below: