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U.S. Census Bureau Considers Adding Questions On Sexual Orientation And Gender Identity

FILE - Pride flags are held at the Tennessee Capitol, Jan. 22, 2024, in Nashville, Tenn. Dozens of health officials, civil rights groups, individuals and businesses have weighed in about how the U.S.

The U.S. Census Bureau is considering how to ask about sex on its most comprehensive survey of American life, and the public has weighed in with their opinions. The proposed additions to the survey, which would ask about sexual orientation and gender identity for the first time, have received largely supportive feedback, although some constructive criticism has been offered.

The proposed questions, aimed at individuals aged 15 and older, will undergo testing later this year. If approved, they would be the first questions directly addressing these topics on the American Community Survey. This survey already covers a wide range of topics such as commuting times, internet access, family life, income, education levels, disabilities, and military service.

Many individuals and organizations who submitted public comments expressed their belief that the proposed questions would provide a better understanding of the LGBTQ+ community's diversity in the United States. This comes at a time when some state legislatures are imposing restrictions on discussions about LGBTQ+ issues in public schools and limiting the ability of transgender individuals to change their driver's licenses and birth certificates.

However, there were concerns about the wording of the questions. One retired demographer, Gary Gates, objected to the phrase 'Straight, that is not gay' as an option for the sexual orientation question, deeming it offensive and inadequate. Others pointed out that the questions should reflect the evolving language used to describe sexual orientation and gender identity, particularly among young people. Additionally, some non-English speakers may struggle to understand terms like 'heterosexual.'

Criticism was also raised regarding the lack of categories for people with intersex traits, asexual individuals, and pansexual individuals. Intersex is an umbrella term for conditions where sex characteristics do not align with typical male or female bodies. Asexual individuals do not experience sexual feelings, while pansexual individuals are attracted to people regardless of gender.

Some commenters expressed concern about the separation of transgender as a category distinct from male, female, and nonbinary options in the gender question. They argued that this separation may imply that transgender individuals are not 'male enough' or 'female enough' to select the male or female categories.

The current questions on the American Community Survey only capture data on same-sex couples living together, missing a significant portion of the LGBTQ+ population. Estimates suggest that this approach only covers about one-sixth of the LGBTQ+ population in the U.S. Another census survey, the more limited Household Pulse Survey, includes questions about sexual orientation and gender identity but was created specifically to measure changes during the COVID-19 pandemic.

Privacy concerns were also raised, particularly regarding parents' awareness of their children's LGBTQ+ identities. To address this, the Census Bureau is proposing the use of flashcards for in-person interviews and numbered response categories for individuals who wish to keep their responses private from others in their household.

While the proposed questions have received widespread support, some Republicans in the U.S. Senate have objected to certain aspects. Sens. Marco Rubio of Florida and JD Vance of Ohio wrote a letter last November to Census Bureau Director Robert Santos, urging him to drop plans to ask about gender identity, citing concerns about politicizing the survey and jeopardizing the legitimacy of its data.

The Rutherford Institute, a conservative civil liberties legal group, also expressed concerns about privacy rights, stating that many people are uncomfortable providing such detailed private information.

The Census Bureau will carefully consider the public comments and feedback received before making any final decisions on the inclusion of sexual orientation and gender identity questions in the American Community Survey.

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