Colorado lawmakers propose a bill to make misgendering on death certificates a punishable offense, sparking intense debate over gender identity recognition and public record integrity.
Key Takeaways
- Colorado’s HB25-1109 aims to ensure accurate gender identity representation on death certificates.
- The bill proposes penalties including jail time or fines for non-compliance.
- Supporters argue it honors individuals’ identities post-mortem, while critics worry about impacts on public health data.
- Similar laws exist in other states, but Colorado’s proposal includes criminal penalties.
- The legislation affects doctors, government employees, and morticians.
Colorado’s Controversial Death Certificate Bill
Colorado’s House Bill 25-1109 has ignited a fierce debate over gender identity recognition on death certificates. The bill, introduced by Representatives McCormick and Brown and Senator Weissman, seeks to ensure that a deceased person’s gender identity is accurately reflected on their death certificate. This proposed legislation would require individuals completing death certificates to report the deceased’s gender identity correctly, with potential legal consequences for non-compliance.
The bill addresses discrepancies that can occur when a person’s gender identity is not recognized or respected after death. It aims to prevent distress for families and loved ones caused by such inconsistencies. Penalties are proposed for funeral homes and other entities that fail to comply with these requirements, emphasizing the importance of honoring individuals’ identities even after death.
Proposed Penalties and Implementation
HB25-1109 proposes making “misgendering” on death certificates a crime punishable by up to 120 days in jail or a $750 fine. The bill requires death certificates to reflect the deceased’s gender identity, conforming to any document that memorializes this identity. If no such document is presented, the sex is recorded as reported by the person with the right to control the disposition of the remains.
“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 directly affects doctors, government employees, and morticians, who would be responsible for ensuring compliance with the new requirements. Colorado already allows changes to the sex designation on driver’s licenses and birth certificates, and this bill would extend similar recognition to death certificates.
Controversy and Criticism
The proposed bill has faced criticism from various quarters. Dr. Travis Morrell, a vocal critic of the legislation, emphasized the importance of accurate data recording for scientific and public health purposes. He argued that death certificates serve as crucial evidence in court and provide data for medical and public health research.
“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
Critics argue that altering death certificates to reflect gender identity rather than biological sex could compromise the integrity of public records and potentially impact medical research and legal proceedings. However, supporters of the bill contend that it is a necessary step to ensure respect for individuals’ gender identities, even after death.
Broader Context and Similar Legislation
The Colorado bill is part of a broader trend of LGBT advocacy groups lobbying for birth and death certificates to reflect gender identity. Some states, including California, New Jersey, and Rhode Island, have already implemented similar laws, albeit without criminal penalties. Colorado’s proposal stands out due to its inclusion of potential jail time for non-compliance.
As the debate continues, the proposed legislation highlights the ongoing tension between evolving societal views on gender identity and traditional record-keeping practices. The outcome of this bill could have significant implications for how gender identity is recognized and recorded in official documents, not just in Colorado but potentially influencing similar discussions across the country.
Sources:
- Colorado Intros Bill For Gender ID Designation On Death Certificates, Penalties For Non-Compliance
- Colorado bill seeks to jail those who ‘misgender’ dead people
