
A Colorado bill could put doctors, government employees or morticians in jail if they accurately record the sex of deceased people who identified as transgender.
The Colorado House is scheduled to hold a hearing on Feb. 25 examining legislation that would make it a crime not to abide by the chosen âgender identityâ of deceased individuals on their death certificates. Medical experts expressed alarm at the attempt to erase biological reality from crucial state-issued documents.
âItâs dangerous and absolutely nuts to threaten doctors with a misdemeanor if they wonât forge a death certificate. But itâs what Iâd expect in Colorado,â Dr. Travis Morrell, a Colorado physician and senior fellow with the conservative-leaning medical group Do No Harm, told the Daily Caller News Foundation.
âThe first thing you learn in middle school science is to write in your lab book with a pen; honest data recording is science 101,â Morrell added.
Colorado law currently authorizes âqualified individualsâ such as coroners, medical examiners and forensic pathologists to create death certificates. The proposed bill, sponsored by Democratic Colorado state Reps. Karen McCormick and Kyle Brown alongside Democratic Colorado state Sen. Mike Weissman, would require the document to âreflect the decedentâs gender identity.â
The three legislators did not respond to the DCNFâs requests for comment.
âAn individual who knowingly and willfully violates these requirements commits a class 2 misdemeanor,â the bill says regarding those who prepare the certificates. This brings up to 120 days in jail and up to $750 in fines.
The bill says relatives can request a change to a death certificate by submitting a âgender identity documentâ proving the person identified as transgender or obtain a court order.
LGBT advocates have lobbied for years to change both birth and death certificates so that they record someoneâs stated gender rather than their biological sex. âUnnecessary and invasive obstacles to updating oneâs birth certificate gender marker can prevent many transgender and gender non-conforming people from obtaining identification that accurately reflects who they are,â the left-wing Human Rights Campaign wrote in 2018.
Washington, D.C. alongside states such as California,New Jersey and Rhode Island have passed laws requiring death certificates to reflect âgender identity,â though most do not mention criminal punishments.
Colorado already allows residents to change the sex listed on their driverâs licenses and birth certificates.
Morrell told the DCNF that maintaining accuracy when recording the information listed on death certificates is more important than appeasing left-wing groups.
âDeath certificates arenât buried when you die,â he said. âTheyâre evidence in court. Theyâre data for medical and public health research. Death certificates help doctors predict cancer survival or the deadliness of infectious or environmental agents.â
âThe CDC and scientists around the world use death certificate data,â Morrell noted.
The physician also referenced a CDC-funded study from 2017 showing that errors in Vermontâs death certificates were influencing national mortality numbers to illustrate the importance of accuracy over ideology.
Morrell said he is ânot surprised they want to force doctors to lie at deathâ since âtherapists arenât allowed to affirm a dysphoric childâs actual sex,â according to a 2019 bill signed into law by Democratic Colorado Gov. Jared Polis.
âThis wonât be the end of attacks on medical integrity,â Morrell told the DCNF.
President Donald Trump ordered federal agencies in January to scrap the concept of âgender identityâ in favor of âsexâ as an inherent physical trait. The order further requires federally-issued identification documents, such as passports and visas, to âaccurately reflect the holderâs sex.â
âAcross the country, ideologues who deny the biological reality of sex have increasingly used legal and other socially coercive means to permit men to self-identify as women and gain access to intimate single-sex spaces and activities designed for women, from womenâs domestic abuse shelters to womenâs workplace showers,â Trumpâs day-one executive order reads. âThis is wrong.â
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