BILL ANALYSIS �
AB 1577
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1577 (Atkins)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |62-5 |(May 15, 2014) |SENATE: |26-6 |(August 27, |
| | | | | |2014) |
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Original Committee Reference: HEALTH
SUMMARY : Requires, beginning July 1, 2015, a person completing
a death certificate to record the decedent's sex reflecting the
decedent's gender identity as reported by the person or source
best qualified to supply this information, unless presented with
specified legal documents identifying the decedent's gender.
The Senate amendments clarify that in instances of disagreement,
the most recent document specifying the gender of the decedent
prevails. Amendments also authorize any person to file a
petition of the court to determine the person who should
determine the gender identity of the decedent in the event that
a specified document is not provided and there are a majority of
persons with equal rights to control the disposition of the
remains who cannot agree as to the gender identity of the
decedent.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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.
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.
AB 1577
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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
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 Transgender Law Center and Equality California, the
cosponsors 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.
Capitol Resource Family Impact opposes this bill because they
believe if a 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 : Dharia McGrew / HEALTH / (916) 319-2097
FN: 0005458