Colorado Passes Law to Recognize Transgender, Nonbinary Identities on Death Certificates

As President Donald Trump rolls back transgender rights on a federal level, the Colorado Legislature is doubling down on its support.

A new state law will add a gender field to death certificate forms and registration systems, allowing for the recognition of transgender and nonbinary identities. Legislators passed the law, House Bill 25-1109, on Wednesday, March 26. If signed by Governor Jared Polis, the change will take effect by January 1, 2026.

Coloradans can already change their birth certificate, driver's license and state ID to match their gender identity as male, female or "X" for nonbinary or intersex. Under the new law, death certificates will feature the same male, female or "X" gender designation, aligning with how the deceased individual identified in life. This will add to the existing sex field, reflecting their sex assigned at birth.

"It is important that their memory, their identity continues to be affirmed in death as it was in life," Democratic Representative Kyle Brown, a co-sponsor the bill, said during a hearing in early March. "I'm so honored to be a part of making sure that people have dignity in their death."

This comes at a tumultuous time for transgender, nonbinary and intersex people in the United States. In January, 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 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.

“This is about respect, dignity and ensuring that every person’s identity is honored. No exceptions,” says Mardi Moore, CEO of Rocky Mountain Equality. “No one should be misgendered in death. Thanks to this legislation, Colorado is taking another meaningful step toward equity and recognition for all.”

Opponents of the new law fear it could lead to federal pushback. Trump's executive order does not impact state-level policies, so it would not prevent the Colorado law from being enacted, but some Republican legislators say Democrats are daring Trump to respond.

"You are forcing the hand of the federal government to come down and say something," Republican Representative Scott Bottoms argued during the March bill hearing. "It doesn't matter what they say, this is not a truth-based thing. ...It is illegal to lie on a death certificate. We're pushing a lie mentality. We're pushing a self-deception mentality."

House Bill 25-1109 ultimately passed 38-26 in the House and 22-12 in the Senate.

The bill was amended to address concerns from critics, including removing a proposed misdemeanor penalty for violating the law, and documenting both gender and sex to comply with federal reporting requirements and data tracking regarding causes of death based on sex.

Still, some critics describe 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, or for funeral directors who file the certificate of death with the state.

"It involves telling somebody to represent something that perhaps they have a moral objection to," Republican Representative Ken DeGraaf told his colleagues before the bill passed its second reading in the House.

Enforcement for the new gender requirement will align with existing state law; anyone who willfully violates, refuses or neglects to perform duties of vital statistics documents is subject to a petty offense.

Democratic Representative Karen McCormick, co-sponsor of the bill, said her child is nonbinary and the law is "very important to me personally."

"It's not only important to that person, it's important to who they left behind," McCormick told House members. "It centers around how we honor the loved ones in our family. Respecting their identity is important while they're with us, but also after they have passed on in death."