Misgendering trans people on their death certificates could be jailable offense under blue-state bill
A bill before the Colorado state legislature would require a deceased person's gender identity be recorded on their certificate of death under penalty of a fine and/or jail time for anyone who "knowingly and willfully violates" the measure, which one critic told Fox News was an "insane" effort that compels speech.
Under the proposed law – sponsored by Democratic state Reps. Karen McCormick and Kyle Brown and state Sen. Mike Weissman – 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. If this is thwarted in any way, the penalty is a class 2 misdemeanor, which in Colorado is punishable by up to 120 days in jail and/or a fine of up to $750.
"The state registrar must also amend the certificate of death to reflect a legal name change if the appropriate legal name change documentation is submitted to the state registrar," the bill states.
If there is no official document showing the decedent's gender identity, and the person who is responsible for managing the decedent's remains such as a family member or legal representative disagrees with the sex recorded on the death certificate, they have the right to request a change, the bill states.
Specifically, before the death certificate is officially filed, the person in charge of the remains can inform the individual completing the death certificate of their objection. If this happens, the person completing the certificate must update the record to reflect the gender identity that the individual controlling the remains states, rather than the biological sex.
Current law allows coroners, medical examiners, forensic pathologists and other "qualified individuals" to determine the cause of death and complete the death certificate. State rules define "qualified individuals" as a physician or the chief medical officer of the institution where the death occurred.
Other liberal states have passed similar laws in recent years, but do not have a criminal penalty tacked onto it. California's law allows for the update of gender on death certificates, but it does not specifically include criminal penalties for failing to record gender identity properly. If a death certificate is incorrectly issued, the family or legal representative can request an amended certificate. New York, Washington and Oregon also have these laws.
"And the idea that it's under compulsion, that's unprecedented," Dr. Travis Morrell, a Colorado physician and fellow with the conservative medical coalition Do No Harm, told Fox News Digital in an interview. "Although the misdemeanor is maybe a new little feature that they've added, it's kind of situation normal here in Colorado."
Morrell said he plans to speak at the bill's hearing next week.
"This is very much in line with Colorado's overall war on reality and war on scientific truth," he said. "The idea that not only does a doctor or mortician have to lie, they're being tried with jail, that's insane. It's compelled speech."
The bill comes on the heels of President Donald Trump declaring that there are only "two sexes" in an executive order last month, as well as a slew of other gender-related executive actions seeking to weed out "radical gender ideology."
Fox News Digital has reached out to the legislators for comment but did not hear back by time of publication.
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