Colorado Bill Categorizes ‘Misgendering’ Deceased People as Misdemeanor

A recently introduced Colorado bill considers the failure to record the gender identity of a deceased individual a misdemeanor.

“If an individual who completes a certificate of death is presented with a document memorializing the decedent’s gender identity (gender identity document), the individual must record the decedent’s sex to reflect the gender identity indicated in the gender identity document,” the bill says.

“An individual with the right to control the disposition of a decedent’s remains may file a claim seeking an order of the court to amend the information recorded on the decedent’s certificate of death,” it adds. “An individual who knowingly and willfully violates these requirements commits a class 2 misdemeanor.”

State Democrat Reps. Karen McCormick, Kyle Brown, and Mike Weissman introduced the bill.

A similar state bill considers “deadnaming” transgender individuals harassment.

The bill’s sponsor, Democratic Rep. Lorena Garcia, explained the bill in a statement to Colorado Public Radio. “[I]f I come to you and I tell you over and over again that my name is something and you keep saying it’s this, then you are recklessly, intentionally wanting to do it,” she said. “Or if you’re like, ‘no, I’m not going to call you that because I just don’t want to.’”

The bills serve as pushback against President Donald Trump’s executive order recognizing two genders.

“Accordingly, my Administration will defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male,” the order says.