A bill that mandates the recording of a deceased individual’s gender identity on their death certificate is under discussion in the Colorado state legislature. The bill, sponsored by Democratic state Representatives Karen McCormick and Kyle Brown, as well as state Senator Mike Weissman, introduces a misdemeanor penalty for non-compliance. Under this proposed legislation, anyone who “knowingly and willfully violates” the requirement could face up to 120 days in jail and/or a $750 fine.
The bill stipulates that if there is documentation of a decedent’s gender identity, it must be used to determine the sex recorded on a death certificate. Moreover, if legal name change documentation is presented, the state registrar must update the certificate to reflect the decedent’s legal name. In cases with no official documentation, the individual responsible for managing the remains, such as a family member, can request a change to the certificate before it is finalized.
Critics argue this measure compels speech, with Dr. Travis Morrell, a Colorado physician affiliated with the conservative coalition Do No Harm, describing it as an unprecedented action against scientific truth. Morrell plans to testify at the bill’s hearing, expressing concerns over the inclusion of a misdemeanor penalty.
Other Democrat-led states, such as California, New York, Washington, and Oregon, have enacted similar laws but without criminal penalties. California, for instance, allows for modifications to the gender on death certificates but lacks specific punitive measures for non-compliance.
The bill’s introduction follows former President Donald J. Trump’s recent executive order affirming there are only two genders, rooted in biological sex.
