A Colorado bill would consider “deadnaming” or “misgendering” forms of “coercive control” in custody cases.
The bill’s summary says that “a court shall consider deadnaming, misgendering, or threatening to publish material related to an individual’s gender-affirming health-care services as types of coercive control. A court shall consider reports of coercive control when determining the allocation of parental responsibilities in accordance with the best interests of the child.”
“Coercive control” is defined in the bill as a “pattern of threatening, humiliating, or intimidating actions, including assaults or other abuse, that is used to harm, punish, or frighten an individual.” Coercive control includes anything that “takes away the individual’s liberty or freedom and strips away the individual’s sense of self, including the individual’s bodily integrity and human rights.”
The legislation notes that “deadnaming or misgendering” are considered means of coercive control and further states that no school dress codes may be based on gender.
A similar bill introduced in February 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.”