Misgendering trans people on their death certificates could be jailable offense under blue-state bill

A controversial bill before the Colorado state legislature is causing quite a stir, as it would require a deceased person’s gender identity to be recorded on their certificate of death. The bill, sponsored by Democratic state Reps. Karen McCormick and Kyle Brown and state Sen. Mike Weissman, includes penalties for anyone who fails to comply with the measure.

Under the proposed law, if a document memorializing the decedent’s gender identity is presented, the individual completing the death certificate must record the decedent’s sex based on that identity. Failure to do so could result in a class 2 misdemeanor, punishable by up to 120 days in jail and/or a fine of up to $750.

Additionally, the bill states that the state registrar must amend the certificate of death to reflect a legal name change if the appropriate legal documentation is provided. If there is no official document showing the decedent’s gender identity, and the person responsible for managing the remains disagrees with the sex recorded on the death certificate, they have the right to request a change.

The bill has drawn criticism from some, with one physician calling it part of Colorado’s “war on reality and war on scientific truth.” The idea of criminalizing the failure to accurately record gender identity on a death certificate has been described as “insane” and a form of compelled speech.

While other liberal states like California, New York, Washington, and Oregon have similar laws allowing for the update of gender on death certificates, they do not include criminal penalties for non-compliance. The bill in Colorado stands out for its inclusion of penalties for failing to record gender identity properly.

The introduction of this bill comes in the wake of President Donald Trump’s executive order declaring that there are only “two sexes” and his efforts to address what he calls “radical gender ideology.” The bill has sparked debate and is set to be discussed in a hearing next week.

As the controversy surrounding the bill continues to unfold, it remains to be seen how it will impact the recording of gender identity on death certificates in Colorado. Critics and supporters alike will be watching closely as the debate unfolds in the state legislature.