Transgender people in California: The right to be remembered as they want

San Francisco native Lyn Rawles is a transgender woman whose beauty in her younger years could rival top models. But these days the 49-year-old Rawles is worried about growing old and how she will be remembered after she dies.

“I was born a male but I’ve been living as a woman for more than 20 years and I want my death certificate to show that I am a woman,” Rawles said.

On July 1 Rawles and other transgender individuals in California will be able to have the gender they identify with reflected on their death certificates.

The Respect After Death Act requires medical examiners or coroners to refer to legal documents such as a court order approving a name or gender change, a passport, a will, proof of clinical treatment for gender transition, an amended birth certificate, or a valid driver’s license to determine the sex listed on the death certificate.

According to the law, officials are not to base their decisions solely on the genitalia of the transgender person. If a conflict arises, such documents would override preferences of next-of-kin.

California was the first state in the US to pass this kind of law in September 2014 and since then Illinois legislator has passed a similar bill for transgender individuals.

Sasha Buchert, a staff attorney at the Transgender Law Center said the California law is an improvement on what is being proposed in other states, such as Illinois, where the law would requires a transgender person to provide written direction or an advanced health care directive - a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves.

"California’s new law is more flexible in that various forms of documentation can be used to influence the sex marker on the death certificate," said Buchert.

She also pointed out that other states require transgender individuals to show documentation proving they have undergone complete sex change operations and full medical treatment before allowing them to amend their birth certificates. 

"Some transgender individuals go through medical treatments and procedures to physically change their bodies but not all do it and some change some parts of their bodies but not other parts," said Buchert.

"So for medical examiners or coroners identifying a transgender person, it can be challenging," she added.

But even having basic identification can be tricky for transgender people.

Injustice at Every Turn, 2012 a national transgender discrimination report indicated that 41 percent of survey participants who had transitioned, live without ID that matches their gender identity.

Under current California law it takes more than nine legal forms, nearly $500 in fees, and up to six months to get a court order for a name and gender change.

But even have updated identification does not guarantee being correctly identified.

The Respect After Death Act is also known as the Christopher Lee Law, because it was inspired by Lee’s passing.

According to his friends, the San Francisco artist and transgender advocate was wrongly identified by the Alameda County Coroner’s office as female on his death certificate when he died in 2012.

Born female, Lee had long identified and expressed himself as a transgender man, and had a driver’s license that correctly reflected his gender.

"He was a trailblazer in the transgender community and I wanted to make sure his choices were honored and respected even after death," said Chino Scott-Chung, who was friends with Lee for 20 years.

Another issue was that prior to this new law, the gender reported by the person’s legal next of kin was used on the death certificate

This is problematic, as many transgender people face continued discrimination by their own families – who can’t accept their gender identity - and worry about leaving decisions about their deaths to hostile family members.

Karlyn Issac Lotney, who lives in San Francisco, said the Respect After Death Act gives him peace of mind that his wishes of being identified as a man will be respected after he dies.

"My father still calls me ‘she’, even though it is been 15 years since I transitioned to a man," said Lotney, 50.

"I’m offended by his lack of respect and wonder if he would dress me as a woman during my funeral."

Scott-Chung is working with the Transgender Law Center and the Alameda Coroner’s office to amend Lee’s death certificate after the law goes into effect on Wednesday.

The law doesn’t specify procedures for fixing death certificates issued before July 1, but Scott-Chung says he is hopeful considering how successful they have been with the process.

"We are helping other transgender people and it feels good to honor Christopher’s life in this way," he said.