Colorado lawmakers propose jail time for misgendering deceased individuals on death certificates, sparking heated debate.
Quick Takes
- House Bill 25-1109 aims to ensure accurate gender identity on death certificates
- Violators could face up to 120 days in jail or a $750 fine
- Critics argue the bill compromises the integrity of vital records
- Supporters say it honors individuals’ identities even after death
- Similar laws exist in other states, but without criminal penalties
Colorado’s Controversial Death Certificate Bill
A new bill introduced in the Colorado General Assembly is stirring controversy over the recording of gender identity on death certificates. House Bill 25-1109, sponsored by Representatives McCormick and Brown, along with Senator Weissman, proposes severe penalties for misgendering deceased individuals on official documents. The legislation aims to address discrepancies when a person’s gender identity is not recognized or respected after death, potentially causing distress for families and loved ones.
The bill requires individuals completing death certificates to accurately report 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. Funeral homes and other entities that fail to comply with these requirements could face penalties, including fines and potential jail time.
Proposed Penalties and Their Implications
HB25-1109 proposes making “misgendering” on death certificates a crime punishable by up to 120 days in jail or a $750 fine. This provision has sparked intense debate, with critics arguing that such severe penalties could lead to the compromise of vital records’ integrity. The bill affects a wide range of professionals, including doctors, government employees, and morticians, who are responsible for completing death certificates.
“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 – Source
Dr. Travis Morrell, a critic of the bill, emphasized the importance of accurate data recording for scientific and public health purposes. He argued that death certificates serve as critical evidence in court and provide valuable data for medical and public health research, helping doctors predict cancer survival rates and assess the deadliness of various agents.
Broader Context and Similar Legislation
The proposed Colorado bill is part of a broader trend in which LGBT advocacy groups have long lobbied 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 the criminal penalties proposed in Colorado. It’s worth noting that Colorado already allows changes to the sex designation on driver’s licenses and birth certificates, making this bill an extension of existing policies.
“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 – Source
While supporters of the bill argue that it’s crucial to honor individuals’ identities even after death, critics contend that the proposed criminal penalties are excessive and could lead to unintended consequences. The debate surrounding HB25-1109 highlights the ongoing tension between traditional practices in vital records management and evolving social values regarding gender identity and expression.
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
