An independent Christian bookstore in Colorado sued the state last week over new transgender provisions in the state’s anti-discrimination law. The bookstore objects to a recent amendment compelling public accommodations to refer to transgender individuals by their preferred pronouns and chosen name, even when those preferences conflict with an individual’s sex.
The complaint challenges the law under the First and Fourteenth Amendments as a violation of the Free Speech, Press, Assembly, and Free Exercise Clauses, as well as the Equal Protection and Due Process Clauses.
The challenged law, the Colorado Anti-Discrimination Act (CADA), as amended in 2025, “defines the term ‘chosen name’ . . . as a name that an individual requests to be known as in connection to the individual’s . . . gender identity [or] gender expression.” Failure to comply can result in penalties of up to $3,500 or imprisonment for 120 days.
The suit names as defendants the Director of the Colorado Civil Rights Division (CCRD), members of the Colorado Civil Rights Commission (CCRC), and the Colorado Attorney General. The CCRC “is a seven-member, bipartisan board,” consisting of three Democrats and four “unaffiliated” members, tasked to “[c]onduct hearings regarding illegal discriminatory practices.”
CCRC Rule 81.6(A)(4) classifies “[d]eliberately misusing an individual’s . . . gender-related pronouns” as “[u]nlawful harassment.”
The plaintiff, Born Again Used Books, represents itself as “providing reliable Christian resources for the Colorado Springs community” with a goal of “offer[ing] materials that are inexpensive and that reflect the truth about Jesus and his heart for the world.”
The bookstore espouses “the belief that God created everyone in His image, male or female, worthy of dignity and respect,” according to the complaint. Referring to a transgender patron by a biologically inaccurate name or pronouns would, in the bookstore’s view, amount to a denial of this belief.
The bookstore “serves everyone regardless of gender identity,” according to the complaint, but its employees are instructed not to speak in a manner inconsistent with the owner’s Christian beliefs. To clarify its policy, the bookstore wishes to publish it in writing and disseminate it to its employees:
As a Christian bookstore, Born Again Used Books seeks to follow Christian beliefs when interacting with customers and the public. It is the official policy of Born Again Used Books that owners and employees use language that aligns with the biological sex of the person being referenced, whether the individual is a customer or any member of the public.
“[W]e cannot participate with someone in something the Bible says is false,” reads a draft statement on “Love and Biological Accuracy” from the bookstore.
“[T]ruth is inherent in love,” the draft statement continues. “In the world of ideas, truth has been relegated to a relativistic sidekick. The Bible doesn’t see it that way. If we are to truly love someone, we must share the truth with them.”
“Born Again Used Books serves everyone, but our clients can’t say anything that goes against their deeply held beliefs,” Alliance Defending Freedom (ADF) legal counsel Mercer Martin told Legal Insurrection. “This means that if a customer identifying as the opposite sex, which has occurred, walked in and asked to use inaccurate pronouns, the employees would politely and charitably decline and instead use a form of address that does not contradict the customer’s biological sex, such as the person’s first or last name.”
The ADF, which represents the bookstore, has twice challenged CADA on behalf of Colorado Christians and prevailed at the U.S. Supreme Court. In these cases, neither business refused to serve LGBT customers but would not create custom designs for events inconsistent with the owner’s Christian beliefs (e.g., same-sex weddings).
ADF represented a Colorado Christian baker in Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission. The owner of Masterpiece Cakeshop, Jack Phillips, refused to create a custom wedding cake for a same-sex couple and was subjected to enforcement under CADA.
The Court found for Phillips on religious freedom grounds, ruling that animus toward religion in the state anti-discrimination proceedings tainted those proceedings and violated the Free Exercise Clause of the First Amendment, as Legal Insurrection reported.
During a public hearing, the then-commissioner stated, “religion has been used to justify all kinds of discrimination,” including slavery and the Holocaust.
The Court, finding animus toward religion in the proceedings, did not assess the constitutionality of CADA as applied to Masterpiece Cakeshop for refusing to design the custom wedding cake.
ADF later represented a Colorado Christian web designer in 303 Creative LLC v. Elenis. The owner of 303 Creative, Lorie Smith, wanted to post a policy, in violation of CADA, stating she would refuse to create custom wedding websites for same-sex weddings.
The Court held that CADA, as applied to compel custom designs contrary to Smith’s views, violated the Free Speech Clause of the First Amendment, as Legal Insurrection reported.
Born Again Used Books’ complaint seeks preliminary and permanent injunctions preventing enforcement of CADA against Born Again Used Books and “third-party speakers similarly situated to Born Again Used Books.”
The press contact for the CCRD and CCRC declined to comment on the pending litigation. The Colorado Attorney General’s Office did not respond to an email from Legal Insurrection.
The complaint:
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