Colorado ballot measure could leave schools to verify students’ sex, raising fears of forced genital exams

Two propositions going to the ballot on November 3 in Colorado could threaten the lives and basic rights of transgender kids. Opponents warn that the measure could affect many other young people in the state, CBS News reports.

There are about 56,000 transgender and nonbinary people in Colorado, according to a recent memorandum from the state’s Legislative Council staff. These young people would be most affected if Propositions 134 and 135 pass.

Proposition 134 would restrict transgender students’ participation in school sports, from elementary school through college, by requiring them to join teams based on the measure’s definitions of biological sex rather than their gender identity. Opponents warn that it could expose both cisgender and transgender students to invasive scrutiny. The measure does not explicitly require physical exams but leaves schools and districts to determine how to verify students’ sex.

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Conservative supporters of Propositions 134 and 135 say some of the state’s trans-inclusive laws have become too lenient and are potentially harmful to children. Proposition 135 specifically would ban surgeries for people under 18 that “alter biological sex characteristics if the surgeries are in response to their gender identity,” according to the CBS report, but would not prohibit counseling, hormone treatment, or other forms of care.

Lori Gimelshteyn, founder of the Colorado Parent Advocacy Network and a board director of Protect Kids Colorado, recently told Colorado Public Radio that the measure aims to prevent what she considers “irreversible harm to children.”

“We are preventing harm,” Gimelshteyn added. “We are preserving a child’s future, their reproductive future.”

Historically, Colorado has had a reputation for being trans-friendly, with laws in place prohibiting discrimination based on gender identity and allowing people to change their gender markers on official documents.

A 2021 law, House Bill 21-1108, explicitly added gender identity and gender expression to the state’s anti-discrimination statutes. Colorado also protects students’ access to sports teams, restrooms, and locker rooms consistent with their gender identity. However, conservative backlash against these policies has grown.

Opponents of Propositions 134 and 135 argue that harm caused by the measures could extend far beyond trans youth. Vague language and a lack of details on how the restrictions would be enforced could put other minors at risk of losing access to “medically necessary care,” said Nadine Bridges, executive director of One Colorado, who also spoke to CPR News.

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“It’s giving too much power [to the] government over decisions where trusted professionals and families should be making decisions — medical decisions — for their young people,” Bridges said of Proposition 135.

“We could be risking medically necessary care for all kids because it won’t just impact transgender kids,” she said. “These measures will impact all kids.”

Proposition 135 includes exceptions for “medically verifiable disorders of sex development” and “acquired physical or chemical abnormalities,” though it does not specify which conditions would qualify.

Bridges also noted that Colorado has served as a destination for families seeking gender-affirming care for their children. Some families have moved there to access that care, she told CPR News, and she wants them to know they remain welcome.