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Active U.S. Courts of Appeals

Born Again Used Books v. Sullivan

Summary

A Colorado law recently redefined “gender expression” to include “how an individual chooses to be addressed,” that is, pronouns and titles based on gender identity rather than biological sex. Although Born Again Used Books happily sells its products to everyone, Colorado now compels the bookstore to speak using pronouns and titles based on a person’s preferred gender expression—thereby requiring the store to prioritize a person’s professed identity over biological reality. That violates the Christian bookstore’s beliefs and the First Amendment.

Case Timeline

  • 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.
  • March 2026: A federal district court denied Born Again Used Books’s motion for preliminary injunction.
  • April 2026: ADF attorneys appealed the district court ruling to the U.S. Court of Appeals for the 10th Circuit.
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