House Republicans call on Weiser to enforce propositions
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Colorado Republicans are calling on Governor-elect Phil Weiser to enforce voter-approved propositions concerning transgender students’ participation in girls' sports, gender-changing surgeries for minors, and increased penalties for fentanyl crimes and the sex trafficking of a minor.
All four propositions passed in the November 3 general election. But Weiser told the media in a post-election interview that the measures would need a “long, hard look” before they are implemented.
Phil Weiser
The Colorado House Republican Caucus this week released a statement, accusing Weiser, who's a Democrat and is currently the state attorney general, and the Democrats controlling House and Senate of undermining “the will of the voters." After the November 3 general election, Democrats saw their legislative majorities become supermajorities.
“Weiser and other Democrat lawmakers have already begun exploring efforts to change or even override these measures," the House Republicans said. “These comments raise deep concerns that the voice of the people will be disregarded by the incoming Democrat leadership.”
"If the Democrats truly believe there should be ‘No Kings’ in America, it is time they take their own advice," the Republicans said.
The Center Square reached out to the Colorado House Republican Caucus, which declined to comment further.
The Center Square also reached out to Weiser’s gubernatorial transition office for comment, but did not hear back before this story was published.
One of the measures, Proposition 132, increases the penalties for individuals who possess, sell or distribute fentanyl. It passed with 53% approval.
Proposition 133 would mandate a life sentence without parole for child sex trafficking convictions, and it would expand this penalty to include purchasing sexual activity with a minor. It passed with 63% approval.
Proposition 134 concerns the participation of children in school sports. It requires all elementary through collegiate school-based athletic and sports teams to designate male-only and female-only participation based on a child’s biological sex rather than gender identity. That passed with a 52% approval. Similar ballot measures passed in Arizona, Nebraska and Washington state.
Proposition 135 would prohibit state or federal dollars to fund surgeries on minors that would alter their biological sex in response to the minor’s perception of their gender identity. This initiative passed with 52% of the vote.
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In August, the federal government released a ruling from the Centers for Medicare and Medicaid that they will no longer be financing “sex-rejecting procedures for children under 18.” Marc Williams, the state’s public information officer for the Colorado Department of Health Care Policy and Financing, previously told The Center Square that “any ability to resume coverage of gender-affirming care for children and youth using state-only resources would require legislative action and additional funding.” However, with the passage of Prop. 135, the state would not be allowed to direct state funds toward those surgeries.
On the campaign trail in June, Weiser said, “The Legislature is going to have to fix it and provide a much more human and sound approach,” and following the general election, he continued his opposition to Prop. 135.
Weiser called Prop. 134 and 135 “anti-trans” measures and said some “necessary and appropriate” adjustments may be needed. One particular criticism he made was that he did not agree that every child or young adult playing on a male or female sports team would have to be checked for their biological sex.
However, Prop. 134 did not mention requiring individuals to be checked for their biological sex.
The state’s education department would be in charge of enforcing Prop. 134 since it's responsible for making sure schools comply with Title IX, a federal civil rights law prohibiting sex-based discrimination.
This past June, the U.S. Supreme Court ruled in a 6-3 decision in West Virginia v. B.P.J. that the term “sex” as defined under Title IX refers to biological sex rather than gender identity. Justices said the law does not require schools to make exceptions for transgender athletes, particularly those who have gone through or are currently undergoing hormone therapy or puberty blockers.
Jeremy Meyers, the education department’s communications director, told The Center Square in an email the department is currently working on a guide to help schools implement Prop. 134.
Weiser did not indicate his specific plans on how the other propositions will be checked and reevaluated by the Legislature. The Legislature – its Democratic supermajority and all – has the legal authority to fully repeal the measure or make minor alterations. This is because this was a change to Colorado’s revised code of statutes, not the state constitution.
The groups and constituents alike supporting the four measures have called out Weiser over his attempt to “circumvent democracy,” according to individuals like Erin Lee, who leads the group Protect Kids Colorado, the organization supporting Prop. 133, 134 and 135. Lee has criticized Weiser for his attempts to fight the Trump administration’s ban on using federal dollars for gender-changing or transitioning surgeries for minors.
Weiser joined 20 other states and the District of Columbia in a lawsuit to challenge the federal government’s prohibition of reimbursement for gender-affirming care paid to Medicaid beneficiaries under the age of 18. The suit was filed September 2 in the U.S. District Court for the District of Massachusetts.
“The Trump administration is once again singling out transgender youth, this time by trying to deny them access to medically necessary care simply because they rely on Medicaid,” Weiser’s press release stated at the time.
The press release also said that “the rule would set a troubling and unlawful precedent that the executive branch can, without congressional authorization, replace individualized judgments made by licensed medical practitioners with a categorical, agency-determined prohibition on reimbursement for health care it disfavors.”
The Center Square reached out to the attorney general’s office to see if Weiser would encourage Attorney General-elect Jena Griswold, a Democrat who's currently the secretary of state, to pursue further litigation against the Trump administration. Lawrence Pacheco, the office’s communications director, told The Center Square, “The attorney general doesn’t disclose the nature of his conversations with other elected officials.”
“The attorney general supports equality for all," Pacheco added.