MAJORITY LEADER TONI ATKINS BILL WILL PROMOTE PROPER GENDER IDENTIFICATION ON TRANSGENDER DEATH CERTIFICATES
(Sacramento) Assembly Majority Leader Toni Atkins
has introduced legislation that will ensure that the wishes of
transgender people with respect to their gender identity are respected
in the process of completing official death certificates.
AB 1577 requires that death certificates reflect the gender on other
official documents, such as a driver’s license or birth certificate, if
the person had the document formally changed following a gender
transition. If no such documents exist, legal next-of-kin
will then be consulted by coroners and funeral home directors, who are
responsible for completing these documents.
“A person should rest in peace after death as the
same person they were during life,” says Atkins. “This bill is designed
to ensure that the wishes of a transgender person regarding their gender
identity are respected after they have passed
on.”
Transitioning from one gender to the other can be a
long and complicated process for a transgender person and it is not
uncommon for a person to present externally as their preferred gender
identity while retaining the private physical
characteristics of the gender assigned to them at birth. This can lead
to confusion at death if authorities have only the sometimes
conflicting physical attributes to rely on. If a transgender person has
taken steps to change their official documents, such
as driver’s license or birth certificate, that is a reliable source of
a person’s correct gender identity. AB 1577 will also reduce conflict
among family and friends that sometimes occurs in these situations and
will provide funeral directors and coroners
with clear guidance on how to avoid legal repercussions for their
decisions about the gender of a person who has passed on.
AB 1577 was inspired in part by the case of
Christopher Lee of Alameda County, a transgender person and community
activist who died in December of 2012. Despite his having transitioned
from female to male, Lee retained much of his female
anatomy. After a dispute among his family and friends, the coroner
ultimately identified Lee as female on his birth certificate, despite
the fact that Lee lived as a man.
AB 1577 is sponsored by Equality California and the
Transgender Law Center. The bill will now be assigned to a policy
committee for review, with a first hearing anticipated some time in
March.
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