Colorado is known for its beautiful soaring mountains and its optimal skiing. However, an increasingly corrosive ideology, from the capitol to the school boards, has been overshadowing the beautiful landscapes and rocky mountain majesty. Just ask some of Alliance Defending Freedom’s clients like Lorie Smith of 303 Creative or Jack Phillips of Masterpiece Cakeshop. Both of them have successfully challenged government actions that would have forced them to express messages contrary to their beliefs about marriage, gender, or sexuality.
Despite two Supreme Court victories for Jack and Lorie rebuking Colorado’s crusade against free speech, the state hasn’t stopped trying to force businesses to promote its radical agenda. This year, the state amended its anti-discrimination law to make it illegal to refer to transgender-identifying individuals with their given names and biologically accurate language, making this the latest in a long string of attempts by Colorado’s government to force a radical agenda into all aspects of life in the state.
As a result, numerous other lawsuits have been filed, including one on behalf of XX-XY Athletics, a sports apparel company dedicated to speaking the truth that men don’t belong in women’s sports. And now, a Christian used bookstore is challenging this same amendment.
What is Born Again Used Books?
Born Again Used Books is a Christian bookstore in Colorado Springs. The store is owned by Eric Smith, and he co-manages it with his wife, Sara. Eric and Sara are strong Christians who routinely incorporate their faith-based values into the way they operate their business, including how they and their employees interact with customers.
Born Again Used Books has been serving their community for over 20 years, with Eric and Sara co-managing for the last five of those years. The store features a large selection of around 50,000 books, mostly Christian books, homeschool materials, and classics. The Smiths will not sell books in their store that undermine their Christian beliefs, such as The God Delusion by Richard Dawkins or The Handmaid’s Tale by Margaret Atwood.
While the Smiths adhere to their deeply held beliefs in the way they run their business, they serve all customers with respect, no matter who they are. But they can’t speak messages that go against their beliefs. This principle puts Born Again Used Books in conflict with Colorado law.
Colorado’s compelled speech amendment.
In May of 2025, Colorado’s government amended the Colorado Anti-Discrimination Act (CADA). The amendment requires public accommodations to use a person’s requested name and pronouns, even if they are inconsistent with the person’s sex. This means Born Again Used Books is forced to go against their sincerely held beliefs and address transgender-identifying individuals using inaccurate pronouns.
The Smiths—and by extension, Born Again Used Books—believe that every person is created by God in His image, male or female, and is therefore deserving of dignity and respect. Compelling the bookstore to use pronouns that do not reflect a person’s biological sex directly conflicts with this belief. As a matter of conscience and faith, the store cannot speak in a way that contradicts its convictions. That includes using pronouns, titles, or other language that affirms that a person could change their God-given sex—something its Christian beliefs hold to be neither possible nor truthful.
Born Again Used Books wants to put their policy on how they refer to customers into writing. And it desires to publish a blog post explaining its Christian beliefs underlying the policy. However, the amended Colorado law prohibits this and forces them to profess an ideological viewpoint they oppose.
Due to these changes in CADA, Born Again Used Books could face cease-and-desist orders, expensive investigations, hearings, and hefty fines. The only way to avoid such consequences is for the bookstore to refrain from formalizing and distributing their pronoun policy and blog post. Born Again Used Books is being forced to censor their beliefs just to avoid violating the law.
Born Again Used Books has a right to free speech
The Smiths, along with the help of attorneys at ADF, have filed a lawsuit in the U.S. District Court for the District of Colorado challenging this unconstitutional amendment to the Colorado Anti-Discrimination Act.
The Smiths simply want to operate their business in a way that is consistent with their religious beliefs, and they want to be transparent with their customers about why they have made this decision by publishing a blog post on their website. But the state of Colorado wants to censor the bookstore and punish them for doing just that.
Colorado’s censorship campaign is an attack on truth and free speech. Americans should be free to defend truth and biological reality without fear of government punishment.
Born Again Used Books v. Sullivan
- May 2025: Colorado’s government amended the Colorado Anti-Discrimination Act to make it illegal to refer to a transgender-identifying individual by their given name and with biologically accurate language.
- July 2025 : ADF attorneys filed a lawsuit on behalf of Born Again Used Books challenging Colorado’s amendment to the Colorado Anti-Discrimination Act.
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