When Does Anti-Discrimination Law Become Compelled Speech?
In Born Again Used Books v. Sullivan, attorneys at Alliance Defending Freedom filed suit in the U.S. District Court for the District of Colorado challenging recent amendments to the Colorado Anti-Discrimination Act.
At issue is Colorado’s expansion of “gender expression” to include “how an individual chooses to be addressed,” including pronouns and honorifics tied to gender identity rather than biological sex.
Born Again Used Books, a family-owned Christian bookstore in Colorado Springs, alleges the law does more than regulate discriminatory conduct — it compels speech. According to the complaint, the state requires the bookstore to use pronouns and titles that conflict with the owners’ religious convictions about sex. The bookstore also contends it cannot publish or explain a policy grounded in those beliefs without risking penalties.
The case raises a constitutional question the Supreme Court has addressed in other contexts: when does government regulation cross the line from prohibiting discrimination to compelling ideological speech?
Born Again Used Books v. Sullivan will test how far Colorado may go in regulating language itself — and whether requiring specific pronouns in customer interactions constitutes compelled speech under the First Amendment.
We will continue to provide updates as the case proceeds.