Colorado initiatives would restrict transgender athletes, ban sex-change surgeries on minors

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(The Center Square) – Two initiatives on transgender issues - bans on transgender athletes on female teams and sex-change surgeries on minors - qualified this week for Colorado’s Nov. 3 ballot.

Both initiatives are backed by a parental rights group.

The Colorado Secretary of State’s office announced Initiatives #109 and #110 had enough valid signatures to make the ballot.

Initiative #109 would require student athletes at K-12 schools, colleges and universities to participate on teams that match their biological sex. Initiative #110 would ban sex-change surgeries for minors.

Another measure, Initiative #108, which would classify human trafficking of a minor for sex a class one felony, qualified for the ballot earlier this month.

All three measures are backed by the group Protect Kids Colorado, a coalition aimed at “protecting kids and strengthening families in Colorado.”

Initiatives #109 and #110 are both opposed by gay rights groups that argue they will harm transgender youths.

According to Protect Kids Colorado Executive Director Erin Lee, all three measures had a signature validity rate of 91%. Statewide initiatives need at least 124,238 valid signatures to make a ballot.

“#109 is a straightforward, common-sense measure that promotes fairness and safety for all in student athletics by establishing clear male, female, and co-ed categories,” Lee told The Center Square, answering questions by email. “Its qualification for the ballot reflects a massive grassroots effort by Coloradans from diverse backgrounds who are committed to protecting opportunities for girls and upholding Title IX.”

Rocky Mountain Equality CEO Mardi Moore argued the measure isn’t “rooted in Colorado values.”

“This is an attack on Colorado families modeled after national extremist efforts. Coloradans believe in fairness, freedom, and the right of every person to live their lives,” Moore said in a statement. “We will work tirelessly between now and November to make sure voters understand exactly what this effort is about. It’s about bullying little kids and taking opportunities away from a handful of people.”

The Colorado High School Activities Association, which oversees high school athletics in the state, says in its Equity Code that the organization “recognizes the right of transgender student athletes to participate in interscholastic activities free from unlawful discrimination based on sexual orientation.”

The CHSAA, however, last year settled with school districts that sued over its policy. The agreement allowed the districts to keep their policies requiring their teams and locker rooms be based on biological sex without the association penalizing them. 

CHSAA did not respond to The Center Square’s request for comment.

Lee said Initiative #110 “comes down to protecting children from irreversible harm.”

“These procedures take away a child’s reproductive future before they’re old enough to fully understand the consequences,” she told The Center Square. “That’s not something a minor can truly consent to — and no one has a right to make that kind of irreversible decision for them. We set age limits on drinking, smoking, voting and signing a contract. For something this serious, it should wait until at least age 18.”

Rocky Mountain Equality Executive Director Bruce Parker said in a statement about #110 that “Coloradans don’t need outside interests to tell them how to raise their families or limit their gender-affirming or reproductive healthcare access.”

There's a total of five measures on the Nov. 3 ballot as of now. The other two measures would increase penalties for fentanyl sale or possession of fentanyl and require law enforcement to notify the federal government when an illegal immigrant is charged with a crime.