Colorado transgender ballot measures spark plans for legislative challenge as votes are counted

As Colorado voters move closer to deciding two ballot measures restricting transgender youth, advocates are already preparing to challenge the proposed laws. Propositions 134 and 135 continued to lead Wednesday night.

Proposition 134 would require school and college sports teams to be designated by biological sex or as coed, restricting transgender students from participating on teams that don't match their biological sex.

Proposition 135 would prohibit certain gender-related surgeries for minors and restrict insurance coverage for those procedures.

Supporters say the measures are necessary to protect children and ensure fairness in girls' sports. Opponents argue they would discriminate against transgender youth and interfere with decisions that should be made by families and medical professionals.

For some Colorado families, the impact of the election results is already emotional.

"Absolute devastation. I walked into my kid's school today, and parents were crying on me," said Z Williams, director of Bread and Roses Legal Center.

Williams helped write Colorado's Kelly Loving Act, which expanded protections for transgender people.

Now, they say those protections aren't disappearing without a challenge.

"We have some of the best policies in place in terms of anti-discrimination and healthcare protections that still exist, and they will remain existing. And also, we have a plan to fight," Williams said.

Williams said advocates began preparing for the possibility of the measures passing about two months before Election Day. Their next steps include pushing state lawmakers to repeal the restrictions if voters approve them.

Protect Kids Colorado, the organization behind the measures, says the results reflect concerns families have raised for years.

"For years, Colorado families asked their elected representatives to take these concerns seriously, only to see legislation repeatedly rejected at the Capitol," Chairman Kevin Lundberg said in a statement. "Yesterday, Coloradans spoke for themselves. They have made clear that the legislature's refusal to act did not reflect the will of the people."

Governor-elect Phil Weiser is already questioning how Proposition 134 could be implemented.

"We're going to have to take a look at these anti-trans measures and what adjustments are necessary and appropriate," Weiser said during a Wednesday news conference. "I don't believe it would be acceptable to Colorado to have every student athlete have to go through full body examinations."

The proposition does not explicitly require physical examinations, but Weiser raised concerns about how schools would verify students' eligibility to participate in sports.

The passage of Proposition 134 could also complicate an ongoing legal battle between Jeffco Public Schools and the federal government.

The district sued the U.S. Department of Education earlier this year following allegations that its policies allowing transgender students to participate in girls' sports violated Title IX.

Jeffco has argued that its policies comply with Colorado's anti-discrimination protections.

University of Colorado law professor Scott Skinner-Thompson, who specializes in LGBTQ law, says Proposition 134 could weaken part of the district's legal argument.

"If this measure passes, it would presumably limit the ability for school districts to respond by saying, 'Oh, my state law requires this,'" Skinner-Thompson explained.

But even if voters approve the propositions, the restrictions would not necessarily be permanent.

Unlike constitutional amendments, both measures would change Colorado statutes, meaning state lawmakers could later revise or repeal them.

"This is only a statutory amendment, so it can be amended by other statutory mechanisms, meaning the legislature or another citizen referendum," Skinner-Thompson said.

Whether lawmakers would take that step remains uncertain.

Transgender advocates are planning a demonstration at the State Capitol on Saturday, November 7, calling for lawmakers to repeal both measures if approved.

"This is not over. This is just the beginning," Williams said.

Protect Kids Colorado is also warning lawmakers against trying to repeal the measures. In response to questions from CBS Colorado, the group said legislators should expect fierce opposition and political accountability if they attempt to reverse the results. The organization says its legal team is closely monitoring the situation and is prepared to pursue every available legal avenue to defend the propositions.