John Denver’s seminal song “Rocky Mountain High” tells the story of a man who discovers his purpose in the natural beauty of Colorado’s vast landscape, but the song ends on an ominous note in which the man begins to worry about the “scars upon the land” that people will inevitably bring if they fail in their stewardship.
Over the past two decades, Colorado has been plagued by agenda-driven officials who fail to uphold the ideals upon which our nation is founded. They compared cake artist Jack Philips to Nazis simply because his religious convictions about marriage could not allow him to create a custom wedding cake celebrating a same-sex wedding. They relentlessly defended a law that would have brought harsh penalties on Christian graphic and web designer Lorie Smith, who holds similar beliefs as Jack. They seek to punish licensed counselors who speak with clients about their goal of regaining comfort with their biological sex and instead only allow counselors to push children further down a dangerous path.
Now, they seek to banish Christians from the marketplace by forcing them to censor themselves and speak contrary to their beliefs.
Eric and Sara Smith opened Born Again Used Books in 2020, creating a business primarily focused on pre-owned Christian books, homeschool curriculum, and great works of classic fiction. The religious nature of the store is unmistakable, from the double-meaning name of the name “Born Again” to the inventory available to customers who might find themselves in the Colorado Springs area. The Smiths are also very selective about the type of books they sell; they won’t sell books that promote ideals outside of God’s design for human sexuality or books that carry a “Christian” moniker but gear more toward a prosperity gospel message.
They will happily sell their books to anyone, no matter their background or beliefs. They treat all customers with dignity and respect — even those who turn around disgusted that they’ve found themselves in a bookstore that primarily sells Christian material. What they can’t do is speak or refer to people in ways that violate their conscience, which is exactly what Colorado’s amended anti-discrimination act does.
In May of this year, Gov. Jared Polis signed HB25-1312 into law, a policy that amends the act to define “gender expression” to include “chosen name” and “how an individual chooses to be addressed.” What that means is businesses like Born Again must address male customers who identify as female as if he is a woman. The law also says that statements or advertisements that make customers feel “unwelcome” based on their gender expression and chosen name are prohibited. Violating the law puts the Smiths at risk of facing cease-and-desist orders, expensive investigations, hearings, and civil and criminal penalties.
Practically speaking, if a male customer says he’s a woman, the Smiths are forced to address him as a woman. The Smiths are also prohibited from posting their policy on using biologically accurate language — and the heart and theology behind that policy — in their store or on the bookstore’s blog. Colorado’s message to Christian business owners is that they don’t belong in the marketplace unless they’re willing to censor how they speak about gender and sex.
The issue of gender identity is far from an open and shut case. Gallup polling found that two-thirds of Americans believe that biological sex matters in areas like sports and government documents, and Pew Research found last year that most Americans believe sex is determined biologically — and that number is an increase from the previous year. While the Smiths are in the majority, Colorado officials criminalize speaking in accordance with their religious and common-sense beliefs.
The most Colorado businesses can do is hide their religious views and hope someone will never ask them to make a split-second decision to either violate their beliefs or risk crushing liability. All of that is antithetical to the ideals of America, where people should be free to peacefully practice their faith, engage in healthy civil disagreement, and not live in fear of government censors coming after them. That’s why Alliance Defending Freedom, where I serve as senior counsel and director of the Center for Conscience Initiatives, is representing Colorado businesses Born Again Used Books and XX-XY Athletics in two lawsuits against this oppressive law.
Some of the greatest works of fiction deal with the consequences of allowing authoritarian regimes to flourish. Instead of passing laws that hurt Born Again Used Books, Colorado government officials would be better off purchasing a book or two from the store.
Hal Frampton is senior counsel and director of the Center for Conscience Initiatives with Alliance Defending Freedom (@ADFLegal).
