(COLORADO SPRINGS) — A Colorado Springs bookstore is suing the state over a law requiring business owners address customers by their preferred pronouns. It’s the latest lawsuit over the Kelly Loving Act, named after a woman killed during the Club Q shooting.
Attorneys representing a local Christian bookstore have filed a federal lawsuit hoping to “uphold its religious and commonsense beliefs about biological sex.”
“C.S. Lewis said something to the effect of ‘it’s not the ideas that are being debated that are dangerous. It’s the ideas that are no longer debated, or in a sense, are censored.’ And that’s what we don’t want to have happen in Colorado,” said Eric Smith, co-owner of Born Again used Books.
According to Alliance Defending Freedom, Born Again Used Books, a family-owned bookstore in Colorado Springs, is “challenging a state law that recently redefined ‘gender expression’ to include ‘how an individual chooses to be addressed,’ [meaning] pronouns and titles based on gender identity rather than biological sex.”
The Kelly Loving Act has been a controversial topic since its initial proposal. Under the law, intentionally misgendering or dead-naming someone is considered discriminatory under the Colorado Anti-Discrimination Act.
“It stepped into our bookstore, in a sense, and infringes upon ours and every business’ First Amendment rights,” said Eric.
Born Again Used Books is being represented by Alliance Defending Freedom. The owners say the recent law is compelling the store to speak using pronouns and titles based on a person’s preferred gender expression–requiring the bookstore abide by the law–which violates the Christian bookstore’s beliefs and First Amendment rights.
“It doesn’t restrict books that we sell, it does tell us what we can say and can’t say in terms of how people choose to be addressed,” said Eric.
The owners say their freedom of speech is at risk under the law, and if they break it, they could face various penalties and fines. Those in favor of the new law say it protects transgender people in our state.
“In addition to a free speech violation, we think this is a violation of their constitutional right to exercise their faith. They are a faith-based business, and we believe the First Amendment protects their ability to live and speak the truth in accordance with their faith,” said Hal Framton, attorney at Alliance Defending Freedom.
Framton says the shop’s motto automatically breaches the law.
“I think it’s important to note that simply publishing the bookstore’s policy on using biologically accurate language, that in and of itself violates the law and every violation of the law can carry up to a $3,500 penalty,” said Framton.
The owners say their focus is “truth.”
“As a bookstore, we love talking about ideas. We love talking to people of all various different backgrounds. But when the truth gets lost in the discussion, it’s hard to have a discussion. It’s hard to disagree in a respectful way,” said Sara Smith, Co-owner of Born Again Used Books.

