Colorado Democrats have advanced legislation that would empower courts to remove children from parents who decline to affirm their child’s claimed “gender identity,” treating biological reality as potential grounds for custody loss.
Senate Bill 26-018, introduced January 14, 2026, requires judges to consider whether parents “recognize the child’s identity” — including gender identity — when determining parenting time and decision-making authority. The bill explicitly references Colorado’s Anti-Discrimination Act, which includes “gender identity” as a protected class. Sponsors Sen. Katie Wallace and Rep. Meg Froelich pushed the measure through the Senate Judiciary Committee on February 18.
While Wallace later requested removal of the most controversial section after public backlash, the core threat remains and could be reinserted. The proposal would codify what is already occurring in courtrooms across the country, where parents who affirm biological sex have lost custody of gender-confused children.
Similar cases have unfolded in Indiana, Montana, Texas, and Arizona, where states removed minors from “non-affirming” homes and placed them in facilities promoting medical transition. Erin Lee, founder of Protect Kids Colorado, warned: “Colorado is passing laws to TAKE CHILDREN AWAY FROM PARENTS who will not trans them. If you won’t tell your child they’re born in the wrong body & sterilize them, the state will take them.”
Democrats hold overwhelming majorities in both chambers of the Colorado legislature (23-12 in the Senate, 43-21 in the House), making passage likely unless strong opposition emerges.This legislation represents a direct assault on parental rights and biological truth, placing state ideology above family authority and child welfare.