Boe v. Children’s Hospital Colorado.

2026 CO 32. No. 26SA66. Preliminary Injunction—Colorado Anti-Discrimination Act—Public Interest—Balance of the Equities—Gender Identity.

May 18, 2026

In this original proceeding under C.A.R. 21, the supreme court concluded that petitioners satisfied all the required factors for granting a preliminary injunction under Rathke v. MacFarlane, 648 P.2d 648, 653–54 (Colo. 1982), and the trial court therefore abused its discretion by denying petitioners’ motion for a preliminary injunction.

The court held that, under the public interest factor, when antidiscrimination laws and protected classes are involved, it is inappropriate for a trial court to conduct a purely numerical comparison of the number of people who will or might be harmed if a preliminary injunction is or isn’t issued. It also held that the balance-of-the-equities factor tends to support granting an injunction when the alleged harm to the nonmoving party is speculative and the moving party has demonstrated actual harm.

The court made the order to show cause absolute, reversed the trial court’s order, and remanded the case to the trial court to grant petitioners’ motion and issue the requested injunction.