Last night's town hall in Aurora, Colorado

Parental rights and free speech are at risk in Colorado with bill HB 25-1312.

Last night I spoke at a Town Hall in Aurora, Colorado about the proposed legislation that recently passed along party lines in the State Senate, bill HB 25-1312.

The legislation is positioned as protection from discrimination for “trans-gender individuals” but essentially criminalizes misgendering as “hate speech” and is one of the most egregious violations of free speech fathomable.

The town hall focused on parental rights. Because as the bill stands, the law could be used in custody battles and to remove children from the homes of parents who won’t “affirm” their child’s “gender identity.”

But the legislation could also be used to police all of our language. Teachers and pastors and rabbis and business owners and on and on. This section of the bill would impact my business:

SECTION 8. In Colorado Revised Statutes, 24-34-601, add (6) 1 as follows: 2 24-34-601. Discrimination in places of public accommodation 3- definition. (6) (a) IT IS A DISCRIMINATORY PRACTICE AND UNLAWFUL 4 TO, WITH SPECIFIC INTENT TO DISCRIMINATE, PUBLISH MATERIALS THAT 5 DEADNAME OR MISGENDER AN INDIVIDUAL. 6 (b) FOR PURPOSES OF THIS SUBSECTION (6), THE REFUSAL OF A 7 PRE-PUBLICATION REQUEST FOR THE PUBLISHER TO USE AN INDIVIDUAL'S 8 CHOSEN NAME, HONORIFICS, OR PRONOUNS CAN SERVE AS EVIDENCE OF 9 THE INTENT REQUIRED BY SUBSECTION (6)(a) OF THIS SECTION. 10 (c) THIS SUBSECTION (6) DOES NOT PREVENT A PUBLIC ENTITY 11 FROM USING AN INDIVIDUAL'S LEGAL NAME WHEN REQUIRED TO DO SO BY 12 LAW TO ENSURE THAT THE IDENTITY OF THE INDIVIDUAL CAN BE VERIFIED 13 OR THAT OTHER INFORMATION PERTAINING TO THE INDIVIDUAL THAT IS 14 NEEDED FOR LEGAL OR OTHER LEGITIMATE PUBLIC PURPOSES CAN BE 15 OBTAINED.

Given that when I speak about males competing in women’s sports I say “males” not females (that would erase the issue entirely) and generally speaking, I refer to athletes like Will Thomas by their actual names instead of the ones they’ve given themselves (Lia, in this case), I would be in violation of this statute.

The people in attendance (wearing masks with pink hair) that were there to protest the event — who by the way were pretty polite with their questions, their biggest form of “protest” was refusing to stand for the national anthem at the beginning; it is ironic given they exercised their right to NOT say a thing that they want to compel speech via this legislation — seemed to be advocating for legislating “politeness.” As in: sure free speech is a thing but it’s really mean and disrespectful to say “he” when someone wants to be called “she” so we need a law.

No. It’s not illegal to be rude. You cannot legislate “respect.” Regardless, it’s not disrespectful to speak the truth. And, per the Supreme Court decision in West Virginia State Board of Education v. Barnette (1943), speech cannot be compelled. Per google AI:

The Supreme Court ruled that a state cannot force individuals, specifically schoolchildren, to salute the flag and recite the Pledge of Allegiance, as doing so would violate their right to free speech under the First Amendment. This case established that the government cannot compel individuals to express a particular viewpoint or adopt a specific message, even if it's a patriotic one, if they disagree with it.

The idea that the state would compel its citizens to recite made up honorifics, pronouns and names is staggering and dystopian. But it does seem about to pass — just needs the governor’s signature at this point. Make no mistake this will be fought in the courts.

At any rate, you can watch the town hall here. Or below:

And here is my speech, transcribed without the stammers and missteps. This is as I wrote it not as I spoke it, and I do often go “off script” but it’s close. And you’ll get the point.

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I moved to Colorado in 2021 because it was better than California.

You might laugh but it was true.

But now, it seems Colorado is giving California a run for it’s money.

There is a libertarian streak that runs hot in Colorado. Or did. But it does seem to be waning and we need to fight to get it back.

But let me give you some hope. I live in Denver — in a deep blue neighborhood in a deep blue city. I have a yard sign that says “In this house we believe that women’s sports are for XX only.” My neighbors are Democrats, for the most part. No one has stolen my sign. Or vandalized it. They still talk to me and I get invited to dinner parties. They know me, they know my business and they still talk to me. So that is something. And it wouldn’t be possible where I used to live in San Francisco.

I moved here because the schools were open.

Yes, they were restricted. But I got here in March of 2021 so that my kindergartner — who had spent his start of school at home on a computer — could attend in person school.

I picked up my life. I left a city I’d lived in and loved for over 30 years to move to a city where I knew no one. I left a job in a place I’d worked for 23 years. I gave up everything so that my child could go to school.

And he did. And I will always be grateful that Colorado offered us that. Despite everything I lost.

And I will not stand by and watch Colorado descend into California crazy.

I’m not moving again. I live here. And I will fight to make it better.

Colorado is no longer a bastion of freedom, libertarian principles and rugged individualism. It is California adjacent. It seeks to control what we think, how we raise our children, and what we say. It is exerting the coercive control that only authoritarian regimes could dream up.

And I for one, will not stand by and let it happen.

I’ve lost everything already. But I can’t be cancelled a third time. I’m un-cancellable. So let’s do this.

I will not give in to this cult-like behavior.

This bill is not only a violation of parental rights but free speech and freedom of thought.

It criminalizes “misgendering” as abuse. They want to reach into your home, and frankly your thoughts, to say you must believe this, you must believe a lie. You must believe in our “religion.”

It is compelled speech and an egregious violation of religious freedom, and freedom of speech and thought.

I’m not a religious person. But I believe in your right Tina Descovich [one of the founders of Moms for Liberty], to practice your religion and yours Lori Gimelshteyn [Colorado Parent Advocacy Network] to practice yours, and I know that you respect my right to not practice any religion at all.

I am a strong advocate for children, truth, biological reality and our right to raise our children as we see fit — barring abuse, of course. Actual abuse which “misgendering” is not. And I’m an advocate for free expression and religious freedom.

Classifying misgendering as abuse, coming inside our homes to tell us how to raise our children, is insane.

But I want to point this out that this bill goes well beyond parental rights.

It is compelled speech at a fundamental level.

As a business owner I would be barred from furthering our brand message which is that males cannot compete in women’s sports. I would be disallowed from saying that. I would be told that I cannot say “If you think it isn’t fair or safe for males to compete in girls sports, stand up.” I would be told that that is misgendering. This erases our ability to even have this conversation. I would be told that I hadve to say “If you think it isn’t fair or safe for females to compete in girls sports . . . “ and literally no one thinks that. It’s ridiculous.

The legislation negates and criminalizes my brand and business.

I’m fighting for parents but also free speech at the most fundamental level.

This is un-American. This is a violation of the First Amendment. And it needs to be fought with everything we have.

I, for one, as a relatively new Coloradan, am ready. Are you? Will you join me?