TERRI CARVER
State Senate District 9

TO: Senate Judiciary Committee, Colorado Assembly

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SUBJECT:  HB25-1312, Protections for Transgender Individuals

 

I urge a no vote on HB25-1312, which is a blatant violation of parental rights under the 14th Amendment and freedom of speech under the 1st Amendment.    

 

First, this bill is a grotesque violation of parental rights under the 14th Amendment.  HB25-1312 says that if a parent calls his 7-year old child by his given name, Tom, after Tom comes home from school saying he is really a girl and his name is Sally, the parent is guilty of “coercive control” and could lose custody or visitation rights.  This is a violation of parental constitutional rights, to raise their children and direct their children’s upbringing.    

 

The US Supreme Court has held that parental rights regarding the upbringing, education, and care of their children are a fundamental constitutional right under the 14th Amendment Due Process clause in the US Constitution.  Specifically, the Supreme Court held in Nebraska v. Meyers (1922), 262 U.S. 390 (1922) that a state law requiring that school classes be taught in English violated fundamental parental rights to control the education of their children under the 14th Amendment Due Process Clause.  A parochial school run by the Zion Evangelical Lutheran Congregation taught classes in German. 

 

The Court spoke to the substantive meaning of the Due Process clause: 

“While the Court has not attempted to define with exactness the liberty thus guaranteed, the term has received much consideration and some of the included things have been definitely stated. Without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.”   (emphasis added)

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The Court reaffirmed parental rights over the upbringing of their children in Pierce v. Society of Sisters, 268 U.S. 510 (1925), as a fundamental constitutional right.  In Pierce, the Court struck down an Oregon law requiring all children attend public schools, as a violation of a parent’s right to determine the appropriate schools for their child’s education. 

 

The Court said in its ruling: 

“The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.” (emphasis added)

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Both Meyers and Pierce decisions have been reaffirmed by the US Supreme Court in subsequent cases. 

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Second, HB25-1312 violates freedom of speech under the 1st Amendment, by prohibiting certain speech (here, using the legal name associated with biological gender) and through “compelled speech” enforced by government coercion.  This bill is a blatant example of government “speech” control which punishes certain speech and compels citizens to say the government-required words.

 

HB25-1312 is Orwellian and carries the stench of totalitarianism.  History is replete with governments that not only regulated every aspect of individual behavior but also mandated that certain speech is prohibited and other speech is compelled.  If the government speech code is not complied with, the offender will be punished.  The 1st Amendment right to freedom of speech and 14th Amendment parental rights protect Americans from such abuses.  Thankfully, those who wrote the Bill of Rights did know history and specifically wrote limitations on government actions to protect our liberties.     

I urge a no vote on HB25-1312. 

 

Terri Carver

 Former State Representative (2014-2022)

April 28, 2025

To: House Judiciary Committee

 

Subject: Opposition to SB25-276, Protect Civil Rights Immigration Status

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I urge a no vote on Senate Bill-276, which doubles down on Colorado’s unwise sanctuary state laws that have undermined public safety and encouraged a culture of lawlessness with regards to federal immigration laws. 

 

Yesterday, the federal Rocky Mountain Drug Enforcement Administration or DEA seized more than 100 illegal immigrants at an underground nightclub in Colorado Springs.  The DEA along with other federal officials and local law enforcement found evidence of criminal activity including illegal drugs, prostitution, and firearms violations.  This is just the latest in a series of arrests of illegal immigrants involved in criminal activity in Colorado.

 

Derek Maltz of the DEA confirmed earlier this year that “Colorado is “ground zero” for violent illegal immigrant criminals in the U.S. and that the state is the “command and control” center of the illegal immigrant gang, TDA.  In his statement, Mr. Malz said he believes criminals have taken advantage of vulnerabilities and weaknesses in Colorado.   

 

It is also very concerning that DEA had identified TDA criminal gang members, along with members of MS-13 and Hell’s Angels at the underground club.  Is this an indication of growing collaboration between criminal gangs congregating in Colorado? 

 

So, what is Colorado’s response so far to this growing public safety danger? Unfortunately, it is a course of action that is both illogical and irresponsible.  Astonishingly, it is to make it even more difficult if not impossible for local law enforcement to let ICE know when violent illegal immigrant criminals are about to be released into the community.  That sums up the core of this ill-advised Senate Bill 276. 

 

The supporters of this bill and current sanctuary state laws are making a clear choice regarding illegal immigrants who commit crimes in Colorado—they are choosing to release the criminals back into the community to further victimize Coloradans versus notifying ICE to remove these criminals from our state and country.

 

 It is the wrong choice.  SB 276 is the wrong path.  In Colorado, let’s start putting public safety first by voting down SB 276, and repealing sanctuary state laws in Colorado.  Vote No on Senate Bill 276. 

 

Terri Carver

TO: House State, Civic, Military, & Veterans Affairs Committee, Colorado Assembly

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SUBJECT: HCR25-1003, Person's Rights Related to Their Children

 

I support HCR25-1003, Person’s Rights Related to Their Children, and urge a yes vote. This proposed constitutional amendment to the Colorado Constitution would recognize parental rights to direct the upbringing, education, and care of their children as a fundamental inalienable right. Given the onslaught of Colorado legislation hostile to parental rights occurring in our state, it is critical to bring this constitutional amendment to the voters in 2026. I believe Coloradans will approve this constitutional amendment as a fundamental right recognized in the Colorado Constitution.

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The US Supreme Court has held that parental rights regarding the upbringing, education, and care of their children is a fundamental constitutional right under the 14th Amendment Due Process clause in the US Constitution. Specifically, the Supreme Court held in Nebraska v. Meyers (1922), 262 U.S. 390 (1922) that a state law requiring that school classes be taught in English violated fundamental parental rights to control the education of their children under the 14th Amendment Due Process Clause. A parochial school run by the Zion Evangelical Lutheran Congregation taught classes in German. The Court spoke to the substantive meaning of the Due Process clause:

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“While the Court has not attempted to define with exactness the liberty thus guaranteed, the term has received much consideration and some of the included things have been definitely stated. Without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.”

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Meyers at 399. The Court reaffirmed parental rights over the upbringing of their children in Pierce v. Society of Sisters, 268 U.S. 510 (1925), as a fundamental constitutional right. In Pierce, the Court struck down an Oregon law requiring all children attend public schools, as a violation of a parent’s right to determine the appropriate schools for their child’s education. Both Meyers and Pierce decisions have been reaffirmed by the US Supreme Court in subsequent cases.

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It is my sincere hope that the US Supreme Court will soon issue a broad seminal decision on parental rights, to void horrific state legislation violating parental rights with regards to health care, religious upbringing, exposure to sexually inappropriate and exploitive material as “education”, etc. Particularly odious are recent Colorado bills which establish the age of consent for children at age 12 in some areas, contrary to medical knowledge on brain development of minor children and contrary to long-held views on the need for parental care and guidance until age 18.

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In the meantime, we should recognize parental rights as fundamental inalienable rights in the Colorado Constitution. I urge a yes vote on HCR25-1003.

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Terri Carver

Former State Representative (2015-2022)

TO: Colorado Senate State, Veterans, & Military Affairs

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RE: Written Testimony in Support of SB25-047, Enforcement of Federal Immigration Law

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FROM: Terri Carver, Former State Representative (2015-2022)

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I submit this written testimony in support of SB25-047, Enforcement of Federal Immigration Law, and ask for a yes vote. This bill would reinstate 2006 Colorado law to authorize and require local and state law enforcement to cooperate with the federal Immigration and Customs Enforcement (ICE).

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Through numerous laws passed by the Democrat majority in the Colorado Legislature, Colorado is now a sanctuary state for illegal immigrants present in our state, including illegal immigrants that have committed crimes against Colorado residents. These ill-advised sanctuary state laws have resulted in Colorado being a magnet for illegal immigrants, especially during the uncontrolled migration of millions of illegal immigrants during the Biden Administration.

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Specifically, SB25-047 would repeal HB19-1124 which prohibited Colorado law enforcement from detaining illegal immigrants who had committed crimes from contacting ICE for deportation. State and local law enforcement were forced to release these criminals back into their communities, where many continued to commit crimes and further victimize Coloradoans.

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I voted against the 2019 bill, and many of us predicted the public safety disaster which would result when Governor Polis signed the bill into law. This 2019 bill was a neon sign to illegal immigrants to come to Colorado, including criminals who knew their chances of being deported were much lower in Colorado because of sanctuary laws.

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Colorado’s sanctuary state laws undermine public safety and contribute to rising crime--just look at the headlines:

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--JANUARY 3, 2025DENVER, COENFORCEMENT AND REMOVAL

ERO Denver arrests 22 noncitizen at-large criminal offenders in local operation, https://www.ice.gov/news/releases/ero-denver-arrests-22-noncitizen-large-criminal-offenders-local-operation

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--Semi driver in deadly Colorado highway crash is illegal immigrant who was deported from US multiple times: ICE, Published June 18, 2024 10:19pm EDT https://www.foxnews.com/us/semi-driver-deadly-colorado-highway-crash-illegal-immigrant-who-deported-from-us-multiple-times-ice

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--ICE arrests 19 in Colorado during national sex offender …

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Feb 23, 2024 ·The Denver Post

https://www.denverpost.com › immigration-arrests-color…

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--Denver councilmembers tie rise in 'hot spots' crime to illegal immigration surge, Jul 10, 2024, https://www.coloradopolitics.com/local-government/denver-city-council-crime-illegal-immigrants/article_1dadb796-4b36-5379-8db8-2354c67c4ab1.html

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Finally, we have the July 2024 court ruling against Teller County Sheriff’s department which was cooperating with ICE on taking criminal illegal immigrants in their jails. The court ruled that Teller County could not cooperate with ICE to deport these public safety threats to their communities because of state law prohibitions.

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It is past time for Colorado to put the safety of their residents ahead of criminal illegal immigrants. SB25-047 is a good start. I urge a yes vote.

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Terri Carver

Former State Rep.

TO: Colorado Senate State, Military, and Veterans Affairs Committee

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SUBJECT: Opposition to HB24-1292, Assault Weapons Ban

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I urge a no vote on HB24-1292, Assault Weapons Ban. The definition of assault weapons in this bill is so broad that it encompasses the vast majority of weapons sold in Colorado. Under this bill, a broad range of semi-automatic weapons with certain features are considered assault weapons, including handguns commonly used for self-defense. This bill will be especially detrimental to persons who live in high crime areas and victims of domestic violence.

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The right to own a firearm for self-defense is at the core of the Second Amendment. Earlier in my life, I was involved in setting up a battered women’s shelter in Florida in the early 1990’s. I also provided victims assistance in military criminal cases involving domestic violence as an Air Force JAG. It was common for these battered women leaving the Florida shelter or their safe place on a military installation to buy a firearm when their abuser was obsessed with finding them and killing them. This bill would ban most handguns currently used by women for self-defense.

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Recent Colorado government actions have been struck down as violating individual liberties protected in the US Constitution and Bill of Rights. If passed, this bill will be immediately challenged in court as unconstitutional under the US Supreme Court Bruen case. The scope of weapons banned under this unwise bill will be struck down, adding another case of Colorado’s disregard for the constitutional rights of its residents.

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I urge a no vote on HB24-1292.

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Respectfully submitted,

Terri Carver El Paso County

My name is Terri Carver and I reside in El Paso County.  I am writing in opposition to HB24-1313, and asking the committee members to vote no.  Last year, Governor Polis tried to push through a terrible land use bill that was a direct state preemption of local zoning codes to force higher density in residential areas.  This 2024 bill has the same goal but uses a financial bludgeon of losing transportation funding if the local governments don’t fall in line and comply.  The HB24-1313 edict--either build high density housing where the state says or lose transportation funding. 

This bill (HB24-1313) completely disregards local views on the desirability of higher density housing, limited parking (to “encourage” people to use the public transit), negative impacts on traffic congestion, public safety issues for viable emergency evacuation routes, and necessary infrastructure like roads, water, sewage, school capacity, fire stations, and other public safety capacity.   

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I ask for a no vote on this bill which silences our local voices on where and when to build higher density housing in our local communities. 

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 Respectfully Submitted,

Terri Carver

TO: House Judiciary Committee

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Subject: Opposition to HB23-1230, Assault Weapons Ban

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I oppose HB23-1230, the Assault Weapons Ban, as clearly unconstitutional under the 2nd Amendment to the US Constitution. The bill will ban many guns that are commonly used for hunting and individual self-defense and will have no positive impact on public safety.

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Increasingly, individuals in Colorado are purchasing more guns to protect themselves and their families from violent crime. In the past, I have been involved in working with domestic violence victims, and many of the victims purchase guns to protect themselves from their abuser. The 2nd Amendment protects a citizen’s right to keep and bear arms as described in the SCOTUS Bruen case. This bill is an egregious denial of citizen’s rights and will have a huge impact on all responsible gun owners in Colorado, with no impact on the criminals who don’t care what the law says.

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Respectfully submitted,

Terri Carver

House Judiciary Committee Colorado General Assembly

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Subject: Opposition to SB23-190

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This written testimony is in opposition to SB23-190, which is a political attack on life pregnancy centers such as Life Network in Colorado Springs. Life Network, along with other life pregnancy centers, offer pregnant women information about the choices they have with regards to their pregnancy, including the choice to continue their pregnancy.

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The odious preamble to this bill clearly shows its real concern is not “deceptive” advertising by life pregnancy centers. Rather, the bill preamble makes clear its intent to close down these centers in Colorado, by opening up political legal actions against the centers and their employees. Apparently, it is not enough for the pro-abortion forces in Colorado to ensure abortions right up to the moment of birth. Pro-abortion forces in this state now want to shut down any discussion of alternatives for pregnant women to consider. The pro-abortion forces in Colorado will do everything they can to ensure that only the abortion industry voice is heard by pregnant women uncertain about their pregnancy. We now see a new front developing to silence or censor speech that the majority does not like. SB23-188 takes similar approach—suppressing the rights of injured parties to have their day in court for alleged malpractice. Government gets to decide what speech or lawsuits are allowed based on majority rule politics, without regard to medical facts, traditional tort law, and the standard of care.

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It is interesting that the original version of this bill (as reflected in the bill preamble) denounced the abortion reversal medication as a completely illegitimate, discredited medical treatment. The extensive testimony in the Senate on this bill showed the contrary. It will be interesting to see if the state medical bodies will be allowed to make their decisions on abortion reversal medications based on scientific data and traditional methodologies on medical standard of care. Or, will the state medical bodies be pressured to come out with the only answer acceptable to the pro-abortion forces.

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I ask for a no vote on SB23-190.

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Respectfully submitted,

Terri Carver