Proposed Colorado Law Would Recognize Transgender, Nonbinary Identities on Death Certificates

Before Laura MacWaters transitioned, she spent years worrying about what would happen after she died. Would anyone ever know her for the woman she was? How would she be remembered? Would her identity and existence remain invisible forever?

Today, MacWaters is proudly out as a transgender woman, but a concern remains: Will her identity be accurately reflected on her death certificate?

Coloradans can change the sex listed on their birth certificate, driver's license and state ID to match their gender identity as male, female or "X" for nonbinary or intersex. A proposed state law would create a similar option for death certificates, adding a gender field to death certificate forms and registration systems.

"When a person’s gender identity is stripped from them in their vital records, it is more than a clerical error. It is an act of erasure, a denial of who they are and of their legacy," MacWaters, a Fort Collins resident, testified before lawmakers at a February 25 hearing.

"This bill ensures that the respect we fight for in life will not disappear the moment we pass," she continued. "I have seen how easy it is for trans people, especially older trans people, to have their identity questioned, dismissed, erased. ...I've seen the pain of those who feared they would be misgendered, even in death."

The proposed law, House Bill 25-1109, passed its first vote in the House Health & Human Services Committee; it will now move on to the full House for consideration. If made law, the change would take effect by January 1, 2026.

The bill comes at a tumultuous time for transgender, nonbinary and intersex people in the United States. In January, President Donald Trump issued an executive order declaring that the federal government only recognizes two sexes, male and female. As a result, people can no longer change the sex listed on their federal documents.

Trans people renewing their passports have reported that their listed sex was changed back to the sex they were assigned at birth. Nonbinary and intersex people who selected "X" as their sex have had their applications suspended, even as the definitions for male and female included in the executive order exclude the millions of intersex Americans born with genitalia, chromosomes or reproductive organs that don't fit into the categories.

“It’s really important to promote dignity and accuracy in our vital records," said Democratic Representative Kyle Brown, co-sponsor of Colorado's House Bill 1109. "We need those to reflect the inherent worth and dignity in every person.”

Trump's executive order does not impact state-level policies, so it would not prevent the proposed Colorado law from being enacted.

The law would add a field to death certificate forms for a deceased individual's gender, but it would also keep the current sex field. Sex generally refers to biological characteristics such as chromosomes and genital anatomy. Gender refers to an individual's social and personal identity, which for some people differs from the sex they were assigned at birth.

Sponsors amended the bill to include documentation of both gender and sex to comply with federal reporting requirements and data tracking regarding causes of death based on sex. The latter was a primary concern raised among those who testified against the bill in committee.

Other critics described the bill as "compelled speech" for family members who disagree with a deceased person's gender identity but are tasked with providing the information to the funeral director.

"This bill seeks to compel people to give an answer that they might not want to believe," testified Paul Saurini, who said the issue was personal to him because he lost custody of his child, whom he referred to as "a daughter who says she identifies as a boy."

Beyond family members, Republican Representative Brandi Bradley argued the bill violates the rights of funeral directors who file the certificate of death with the state, though the deceased person's next-of-kin is the one responsible for providing the gender identity information.

"You’re asking coroners and funeral directors to go against what they believe in," Bradley said. “In the process of asking for respect, you have to ask for respect for the coroners and funeral directors that believe differently too, that have religious beliefs that don’t...this is offensive to them. And I know that it offends people that I say that, but it is."

Under the bill, "knowingly and willingly" failing to provide the correct gender identity would be classified as a class two misdemeanor, which is punishable by up to 120 days in jail and/or a $750 fine. The bill sponsors said they will discuss changing the penalty, though they noted that the legal standard is "high" and is not meant to punish anyone who is mistaken or confused about a person's gender identity.

Democratic Representative Karen McCormick, co-sponsor of the bill, said that her child is nonbinary and the proposed law is meant to help accommodate people like them who "struggle to be recognized and accepted in society."

“It centers around honoring the loved ones in our families. Recognizing who they are in life and respecting their identity in death," McCormick added. "The current [system] may work for the majority of people, but it doesn’t work for all people. That is the problem we are here to solve."

House Bill 1109 passed out of committee by an 8-5 vote; its second reading in the House has not yet been scheduled.