A proposed law in Colorado mandates the inclusion of gender identity on death certificates, with penalties for non-compliance. Sponsored by Democratic Representatives Karen McCormick and Kyle Brown, and Senator Mike Weissman, the bill requires adherence to documented gender identity, even if it contradicts biological sex. Failure to comply could result in a class 2 misdemeanor, carrying a potential sentence of up to 120 days in jail and/or a $750 fine.

The bill outlines a process for amending death certificates to reflect legal name changes and addresses situations where the deceased's gender identity isn't formally documented. In such cases, the individual responsible for the deceased's remains can provide the gender identity, overriding the biological sex. This provision aims to respect the deceased's identity as expressed by their family or representative.

Currently, death certificates are completed by coroners, medical examiners, or other qualified individuals. The proposed law adds another layer to this process, prioritizing documented or asserted gender identity. While other states have enacted similar laws allowing for gender identity updates on death certificates, Colorado's bill is unique in its inclusion of criminal penalties for misgendering.

Dr. Travis Morrell, a Colorado physician and fellow with Do No Harm, criticizes the bill as an infringement on reality and scientific truth. He argues that compelling individuals to record gender identity, under threat of legal action, constitutes compelled speech. Dr. Morrell intends to address these concerns at the bill's hearing. This legislation follows President Trump's executive order asserting only two sexes and other actions aimed at countering what he terms "radical gender ideology."