BILL ANALYSIS �
AB 1577
Page 1
ASSEMBLY THIRD READING
AB 1577 (Atkins)
As Amended March 19, 2014
Majority vote
HEALTH 17-1 APPROPRIATIONS 14-3
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|Ayes:|Pan, Maienschein, |Ayes:|Gatto, Bocanegra, |
| |Ammiano, Atkins, Bonilla, | |Bradford, |
| |Gordon, Ch�vez, Chesbro, | |Ian Calderon, Campos, |
| |Gomez, Gonzalez, Roger | |Eggman, Gomez, Holden, |
| |Hern�ndez, Nazarian, | |Linder, Pan, Quirk, |
| |Nestande, Ridley-Thomas, | |Ridley-Thomas, Wagner, |
| |Wagner, Wieckowski, | |Weber |
| |Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Mansoor |Nays:|Bigelow, Donnelly, Jones |
| | | | |
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SUMMARY : Requires the person completing a death certificate to
record the decedent's sex to reflect the decedent's gender
identity as reported by the person or source best qualified to
supply this information, unless presented with a legal document
that documents the decedent's gender transition.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, likely minor, if any, state fiscal effect.
COMMENTS : According to the author, all of the official
documents of a transgender person should be consistent with
their gender identity. The author further states that this is
part of their right and ability to have authentic lives
consistent with who they really are or were. An inconsistent
death certificate is particularly problematic because a person
has limited control over what happens after they have passed on.
The author further illustrates the need for the bill with the
case of a female to male transgender person and community
activist who passed away in December 2012. His sex was listed
on his death certificate as female because he maintained his
female anatomy. It is not uncommon for a transgender person to
retain some physical characteristics of the gender assigned to
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them at birth, even though they have transitioned to a new
gender identity. According to the National Transgender
Taskforce, only 23% of transgender women have had vaginoplasty
and only 2% of transgender men have had phalloplasty.
The University of California, Berkeley Gender Equity Resource
Center defines transgender in the following manner: Transgender
(sometimes shortened to trans or TG) people are those whose
psychological self (gender identity) differs from the social
expectations for the physical sex they were born with. To
understand this, one must understand the difference between
biological sex, which is one's body (genitals, chromosomes,
etc.), and social gender, which refers to levels of masculinity
and femininity. Often, society conflates sex and gender,
viewing them as the same thing. But gender and sex are not the
same thing. For example, a female with a masculine gender
identity or who identifies as a man.
A University of California, Los Angeles Williams Institute study
from 2008 estimates that 0.3% of adults are transgender.
The Transgender Law Center and Equality California, the
co-sponsors of this bill write in support that current
California law governing the completion of death certificates
fails to provide sufficient direction to the authorities, such
as funeral directors and coroners who are responsible for
determining a person's gender designation after death. In some
cases, this lack of clarity has resulted in the issuance of a
death certificate that inaccurately reflects a transgender
person's gender. When a transgender person is ascribed the
incorrect gender, whether on official documents or in the media,
it is disrespectful to the memory of the deceased person and can
be deeply painful and stigmatizing to grieving friends, family,
and fellow community members.
The Civil Justice Association of California supports this bill
because it grants civil immunity to coroners and funeral home
directors when they record the sex of a transgendered person and
will allow those professionals to do their jobs without fear of
a meritless lawsuit.
Capitol Resource Family Impact opposes this bill because it
would give an acquaintance the legal authority to change the
legal gender of a person after death, and they believe if a
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person chose to not take the legal steps to change his or her
gender during his or her lifetime, no individual should have the
right to make that change for that person after their death.
Analysis Prepared by : Lara Flynn / HEALTH / (916) 319-2097
FN: 0003351