Colorado Proposes Bill Making Misgendering on Death Certificates a Criminal Offense

A proposed bill in Colorado aims to enforce strict regulations regarding the recording of gender identity on death certificates. Under this legislation, individuals who knowingly misrepresent a deceased person’s gender identity on legal documents could face significant penalties, including fines and potential imprisonment.

The bill, introduced by Democratic state Representatives Karen McCormick and Kyle Brown alongside state Senator Mike Weissman, mandates that any certificate of death must accurately reflect the gender identity of the deceased. Should a document verifying the decedent’s gender identity be provided, the individual responsible for completing the death certificate is required to use that identification as the basis for recording.

If the law is violated, it could result in a class 2 misdemeanor charge, which carries a penalty of up to 120 days in jail and/or a fine of up to $750, according to Colorado law.

Amendments for Legal Name Changes

The proposed legislation also stipulates that the state registrar must amend the death certificate to incorporate any legal name changes, provided that the necessary documentation is submitted. This requirement emphasizes the importance of recognizing a person’s identity even after their passing.

Family Rights in Gender Representation

In cases where there is no official documentation to confirm the gender identity of the deceased, family members or legal representatives responsible for managing the remains have the right to request updates to the death certificate. The bill outlines that if these individuals express disagreement with the recorded gender, the responsible party can inform the certifier of their objection before the document is officially filed. This allows for the death certificate to reflect the individual’s stated gender identity rather than their biological sex.

Regulation of Death Certificates in Colorado

Under existing law, qualified individuals, including coroners and medical professionals, are designated to determine the cause of death and complete the necessary paperwork. These