POLIS Signs Bill – Changes EVERYTHING!

Colorado Governor Jared Polis has signed a controversial bill that will add “gender identity” options to death certificates, separating biological reality from how individuals identified in life.

At a Glance

  • Colorado’s HB 25-1109 requires death certificates to include both biological “sex” and “gender identity” fields
  • The new law offers male, female, and “nonbinary” gender options to be implemented by January 1
  • Coroners and funeral directors will be required to document how the deceased identified in life
  • Republicans argue the legislation violates First Amendment rights and deceives the public
  • Colorado joins California and New York in allowing nonbinary identification on death certificates

New Death Certificate Requirements Under Colorado Law

Democratic Colorado Governor Jared Polis signed HB 25-1109 into law on Thursday, mandating the addition of a separate “gender” field on state death certificates. The legislation, set to take effect January 1, requires coroners and funeral directors to document a deceased person’s gender identity as male, female, or nonbinary. 

The new field will appear alongside the existing “sex” category, which will continue to record biological sex. This change makes Colorado one of only a few states to officially distinguish between biological sex and gender identity on death records.

The measure passed along party lines in the Democrat-controlled legislature. Supporters argue the change creates consistency across state documentation, as Colorado already allows gender identity options on driver’s licenses and birth certificates. 

Proponents also emphasize that maintaining the biological sex field preserves important data for medical research purposes, addressing a key concern that both political parties agree upon. The death certificate will now reflect both categories separately.

Republican Opposition and First Amendment Concerns

Republican lawmakers strongly opposed the legislation, arguing it deceives the public and violates First Amendment protections. They contend the law forces coroners and funeral directors to participate in documenting information they may consider factually incorrect. 

This requirement could potentially compel speech and create professional conflicts for those who believe biological sex is the only relevant category for death record purposes. Critics also pointed out that death certificates serve as legal documents meant to record factual information rather than self-perception.

Another concern raised during legislative debate was the potential conflict with the Trump administration’s stance on gender issues. The administration has consistently maintained that there are only two genders determined by biological sex. 

Some Republicans warned that implementing this law could put Colorado at odds with federal policy positions, potentially leading to regulatory conflicts. The state now joins California and New York as the only states permitting nonbinary identification on death certificates. 

Implementation and Practical Considerations

Death certificate processes will undergo significant changes when the law takes effect in January. Coroners and funeral directors will need new training on collecting and documenting gender identity information. Questions remain about how gender identity will be determined when the deceased left no explicit instructions or when family members disagree about how the person identified. The law does not clearly establish a hierarchy of authority for making these determinations, potentially creating confusion during an already difficult time for families.

Medical researchers have expressed mixed reactions to the change. While maintaining the biological sex category preserves essential data for sex-specific health research, some worry that having dual designations could complicate statistical analysis and database management. Death certificates serve as primary source documents for countless medical studies, and any changes to their format require careful consideration of downstream effects on public health research, insurance determinations, and vital statistics tracking.

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