Exploring Changes in Death Certificate Gender Designations in Colorado

Judge's gavel on desk with person writing.

Colorado’s new bill proposes jail time for misgendering on death certificates, sparking controversy and debate.

Key Insights

Colorado’s HB25-1109 aims to ensure accurate gender identity representation on death certificates.
The bill proposes penalties including jail time and fines for non-compliance.
Supporters argue it respects deceased individuals’ identities, while critics worry about data accuracy.
Similar laws exist in other states, but Colorado’s proposal includes criminal penalties.
The bill affects various professionals, including doctors, government employees, and morticians.

Colorado’s Controversial Death Certificate Bill

A new bill introduced in the Colorado General Assembly, House Bill 25-1109, has ignited a fierce debate over the recording of gender identity on death certificates. Sponsored by Representatives McCormick and Brown, along with Senator Weissman, the legislation aims to ensure that a deceased person’s gender identity is accurately reflected in official records.

The bill requires individuals completing death certificates to report the deceased’s gender identity accurately. This measure addresses discrepancies that can occur when a person’s gender identity is not recognized or respected after death, potentially causing distress for families and loved ones.

Penalties and Enforcement

HB25-1109 proposes stringent penalties for non-compliance. Funeral homes and other entities that fail to adhere to the requirements could face legal consequences. The bill suggests making “misgendering” on death certificates a crime punishable by up to 120 days in jail or a $750 fine.

“It’s dangerous and absolutely nuts to threaten doctors with a misdemeanor if they won’t forge a death certificate. But it’s what I’d expect in Colorado.” – Dr. Travis Morrell

The legislation affects a wide range of professionals, including doctors, government employees, and morticians. It requires death certificates to reflect the deceased’s gender identity, conforming to any document that memorializes this identity. In cases where no such document is presented, the sex is to be recorded as reported by the person with the right to control the disposition of the remains.

Concerns and Criticisms

Critics of the bill, including Dr. Travis Morrell, have raised concerns about the potential impact on scientific and public health data. They argue that accurate data recording is crucial for medical research and public health studies.

“Death certificates aren’t buried when you die. They’re evidence in court. They’re data for medical and public health research. Death certificates help doctors predict cancer survival or the deadliness of infectious or environmental agents.” – Dr. Travis Morrell

Some opponents argue that the bill could compromise the integrity of official records, which have far-reaching implications in legal and healthcare fields. They stress the importance of maintaining accurate biological data for various purposes, including medical research and legal proceedings.

Support and Similar Legislation

Supporters of the bill emphasize the necessity of such legislation to ensure the representation and respect of deceased individuals’ true gender identity. LGBT advocacy groups have long lobbied for birth and death certificates to reflect gender identity, viewing it as a crucial step in recognizing and respecting individuals’ identities even after death.

Colorado is not alone in addressing this issue. Some states, including California, New Jersey, and Rhode Island, have similar laws in place, albeit without criminal penalties. Colorado itself already allows changes to the sex designation on driver’s licenses and birth certificates, indicating a broader trend towards recognizing gender identity in official documents.

As the debate continues, the proposed legislation reflects broader societal discussions about gender identity, respect for individual choices, and the balance between personal rights and public record accuracy. The outcome of this bill could set a precedent for how other states approach similar issues in the future.