Plaintiffs, including the nonprofit Gays Against Groomers and individuals Rich Guggenheim and Christina Goeke, sued several Colorado state legislators in their individual and official capacities. The dispute arose during public hearings on House Bill 24-1071, known as Tiara's Law, which amended the state's name change statute to allow gender-affirming name changes for individuals with prior felony convictions. During these hearings, the legislative committees enforced rules prohibiting the misgendering and deadnaming of witnesses. When Goeke and Guggenheim attempted to testify using language that violated these rules, they were interrupted, their speaking time was terminated, and Goeke's comments were allegedly removed from the official record. The plaintiffs alleged that these actions violated their First Amendment rights through viewpoint discrimination, vagueness, and compelled speech. The district court dismissed the complaint with prejudice, ruling that the legislators were protected by absolute legislative immunity and that the claims for prospective relief were moot. The plaintiffs appealed, challenging both the immunity ruling and the mootness determination.
The Tenth Circuit, in an opinion by Judge Federico, addressed two threshold issues: mootness and legislative immunity. First, the court held that the case was not moot. While requests for prospective relief can become moot if the threat of injury disappears, the court found that the legislators confirmed they intended to continue enforcing the challenged rules. Furthermore, the request for nominal damages provided a retrospective remedy that kept the case live. Second, the court addressed the core issue of legislative immunity. The court reaffirmed that legislative immunity is available to legislators regardless of whether they are sued in their individual or official capacity. The court rejected the plaintiffs' argument that immunity does not apply to official-capacity suits seeking injunctive relief, noting that the Supreme Court's decision in Supreme Court of Virginia v. Consumers Union of U.S., Inc. established that immunity applies to both damages and prospective relief. The court analyzed whether the enforcement of decorum rules fell within the 'sphere of legitimate legislative activity.' Citing Tenney v. Brandhove and Bogan v. Scott-Harris, the court concluded that the adoption and enforcement of rules governing public testimony are quintessentially legislative functions. The court distinguished the case from Kamplain v. Curry County Board of Commissioners, noting that the penalties here—terminating speaking time and removing comments from the record—were narrow and integral to the legislative process, unlike a blanket ban on attending meetings. The court emphasized that federal courts cannot inquire into the motives of legislators or the lawfulness of their internal parliamentary procedures without violating fundamental principles of separation of powers and federalism.
The decision affirms the dismissal of the lawsuit, meaning the plaintiffs cannot proceed with their First Amendment claims against the Colorado legislators. It establishes a clear precedent in the Tenth Circuit that state legislators are absolutely immune from suit for actions taken to enforce internal committee rules, even when those rules restrict speech in public hearings. The ruling limits the ability of federal courts to review the procedural conduct of state legislative bodies, leaving political remedies, such as the ballot box, as the primary recourse for citizens aggrieved by legislative decorum rules. The case is remanded to the district court with instructions to dismiss the complaint, and the denial of the preliminary injunction is affirmed.
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