Blue State Bill Would Make 'Misgendering' On a Death Certificate a Jailable Offense

A new bill in Colorado would require death certificates to reflect a deceased person’s gender identity rather than biological sex, with fines or jail time for those who fail to comply. Critics argue this is a blatant violation of free speech and an extreme overreach of government power.

Key Facts:

The bill, sponsored by Colorado Democrats, mandates that death certificates reflect a person’s gender identity if documented.
A class 2 misdemeanor—punishable by up to 120 days in jail or a $750 fine—applies to those who “knowingly and willfully” fail to comply.
Funeral workers, coroners, and medical professionals must defer to gender identity claims over biological sex when completing death certificates.
If no official gender identity document exists, the person in charge of the remains has the final say on what is recorded.
Similar laws exist in states like California, New York, Washington, and Oregon, but without criminal penalties.

The Rest of The Story:

Under current law, death certificates in Colorado are completed by medical professionals such as coroners or forensic pathologists.

This new bill would strip them of that authority if a deceased person’s gender identity differs from their biological sex.

If documentation supports a different gender identity, the certificate must reflect that—regardless of medical findings.

If no formal documentation exists, the person handling the deceased’s remains, typically a family member or legal representative, can decide which gender identity should be recorded.

This decision overrides the judgment of medical professionals or forensic investigators.

Colorado’s proposal goes further than similar laws in liberal states like California, which allow changes to gender on death certificates but do not impose criminal penalties for errors.

Critics argue that the law forces individuals to “lie” under legal threat, turning a simple bureaucratic process into a politically charged issue.

BREAKING: Democrats in Colorado have introduced HB 25-1109 which would require a person's gender identity to be recorded as part of their death certificate. If a person knowingly violates this requirement, they can be fined/jailed under Colorado law.

Democrats want to jail you… pic.twitter.com/ObckD2xk1t

— Libs of TikTok (@libsoftiktok) February 19, 2025

Commentary:

The idea that funeral industry workers could be jailed for recording biological reality is beyond absurd.

No matter how radical you think progressive lawmakers are, they always seem to find new ways to prove they’re even more extreme.

Criminalizing “misgendering” the dead isn’t just ridiculous—it’s authoritarian.

The implications of this bill are staggering.

First, it forces medical professionals and morticians to affirm gender identity claims under threat of legal punishment.

This is compelled speech, plain and simple.

Free speech protections don’t disappear just because activists demand compliance.

Second, this bill serves no real purpose other than to enforce ideological conformity.

A death certificate is a legal and medical document, not a platform for social activism.

The fact that the state is willing to criminalize professionals for not going along with this charade shows how detached from reality Colorado lawmakers have become.

Finally, this proposal is unconstitutional on its face.

Forcing individuals to state something they know to be false—especially under threat of imprisonment—violates the First Amendment.

The government cannot compel speech, and it certainly cannot imprison someone for refusing to participate in a political fiction.

Colorado Democrats were just handed a massive defeat in the last election, yet they seem to have learned nothing.

Rather than addressing crime, inflation, or other real concerns, they’re prioritizing woke ideology—so much so that they’re willing to jail funeral workers for noncompliance.

The Bottom Line:

Colorado’s proposed law criminalizes failure to comply with gender identity mandates on death certificates, threatening medical professionals and morticians with jail time.

This isn’t just radical—it’s unconstitutional.

By prioritizing extreme social policies over real governance, Colorado lawmakers are proving once again they are out of touch with both reality and voters.