Our partnerships make our work possible. The first State LGBTQ+ Business Climate Index released in 2019 was funded by a grant from the Gill Foundation. The Index is based on data graciously shared by the Movement Advancement Project and the Williams Institute. Ropes & Gray is our pro bono legal partner for the CEO Business Briefs globally, and their research informs this Index. FCB partnered with us to conduct original market research into American attitudes toward LGBTQ+ workplace inclusion, informing the Regional Context section of the State CEO Briefs. America Competes supported the development of the scoring for the Risk Assessments, particularly for the Future Risk score.

Out Leadership and FCB partnered on original market research into the attitudes of American workers on LGBTQ+ inclusion, which fielded in 2019 and 2020. These briefs as a whole will be updated on an ongoing basis by Out Leadership because we recognize the ever-changing nature of policy on the local, state, and national level.

Overall, 52.5% of LGBTQ+ workers in the West are out at work. However, urbanicity has a big impact on whether LGBTQ+ workers feel comfortable sharing personal information at work (LGBTQ+ workers are 26% less likely to share when in rural areas vs 4% less likely to share in urban areas compared to national average). There is also a big impact when it comes to age and being open to managers, with older LGBTQ+ workers in this region being more likely to share with their managers than any other age group nationwide (52% more likely). West workers are also 14% more likely to report microaggressions at work which may be why LGBTQ+/Allies are also 15% more likely to say they want to work with companies that are more supportive of LGBTQ+ rights. Even though there are reports of microaggressions in the workplace, workers in this region were 35% less likely to say that the state’s leadership talked negatively about LGBTQ+ issues.

Unless otherwise noted, all comparisons for more or less likely are compared to the National results. Regional results are based off of 1,500 respondents (LGBTQ+ and Non-LGBTQ+ responses have been weighted to be age-representative for each audience in each region). National results are based off of 600 respondents representative of each audience (LGBTQ+ vs Non-LGBTQ+).

States in the Western region included: Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming.

Legal status of the Lesbian, Gay and Bisexual Community

The Colorado Anti-Discrimination Act (CADA) protects residents from discrimination on the basis of sexual orientation and gender identity.

State employees are protected from discrimination on the basis of sexual orientation and gender identity under the Sexual Orientation Employment Discrimination Act.

Youth in foster care, excluding those in the custody of the division of youth services or a state mental hospital, are protected by law from discrimination on the basis of sexual orientation and gender identity.

Second parent adoption is permitted, and there is no requirement of marriage or civil union. Step-parent adoption is also permitted for same-sex spouses or partners who are married or in a civil union. The primary difference between a second-parent and step-parent adoption in Colorado is that the petitioning parent does not have to be in a legal relationship with the child’s legal parent for a second parent adoption, but in a step-parent adoption the petitioning parent must be in a marriage or civil union with the legal parent.

Both parents can be represented on a birth certificate as long as they are married.

A convicted sexual crime involving penetration carries an additional penalty if the assailant knew they were HIV positive and ended up transmitting the virus during the encounter.

Conversion therapy for persons under the age of 18 has been prohibited in Colorado since 2019. The ban covers health professionals, exempting church officials.

Legal status of the Transgender Community

Starting in 2020, applicants can change gender markers on birth certificates and driver’s licenses simply by filling out a form, though minors still need signatures from parents and healthcare providers. Name changes require a court order.

Transgender services are specifically included in Colorado’s Medicaid program (Health First Colorado). Both hormone treatment and surgery are covered.

As of April 1, 2019 insurance companies in Colorado are not permitted to exclude transgender care where such care is medically necessary (in accordance with generally accepted professional standards of care).

Transgender people in Colorado are permitted to use ‘gender-segregated facilities’ that are consistent with their gender identity. Gender-segregated facilities include restrooms, lockers rooms, dressing rooms, and dormitories.

Colorado has hate crime protections inclusive of sexual orientation, which is defined as “a person’s actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status.” “Gender identity” is not specifically mentioned.

October 2021 the governor announced that in 2023, health insurance coverage must explicitly include sexual reassignment surgery as a basic policy and right. This is a legal first for the United States

Government statements and actions

In fall 2020, John Hickenlooper beat incumbent Republican Senator Cory Gardner for the seat, creating a pro-LGBTQ senatorial delegation in the state.

In summer 2020, Colorado became the 11th state to ban the “gay panic defense.”

In 2018 the Supreme Court found in favor of Masterpiece Cakeshop, in the case of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The Colorado bakery, told a same-sex couple in 2012 that they wouldn’t make them a wedding cake because the owner opposed marriage equality on religious grounds. The state of Colorado rejected the bakery’s claims, but the Supreme Court found that the government can’t impose regulations that are hostile to religious beliefs or presupposes the illegitimacy of religious beliefs and practices. The proprietor was back in court in April 2020 for another lawsuit: a trans woman alleged that he wouldn’t make her a trans-themed birthday cake.

Colorado’s Governor, Jared Polis, is the nation’s first openly gay governor. Since his election, he has banned conversion therapy for minors and liberalized both HIV criminalization laws and the process for changing gender markers on official documents.

State Rep. Brianna Titone, re-elected to a second term in 2020, is Colorado’s first transgender legislator.

In May 2019, Gov. Jared Polis signed the Comprehensive Human Sexuality Education bill. The bill adds certain content requirements for public schools that offer comprehensive human sexuality education. The act prohibits instruction from using shame-based or stigmatizing language or instructional tools, employing gender stereotypes, or excluding the health needs of LGBTQ+ individuals.