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Harris, Carper seek answers on LGBT omission from 2020 Census

Trump accused of erasing LGBT people from decennial survey

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Sen. Kamala Harris (D-Calif.) and Sen. Tom Carper (D-Del.) seek answers on the omission of LGBT questions from the U.S.
Census. (Photos public domain)

A pair of Democrats — U.S. Sens. Kamala Harris (D-Calif.) and Tom Carper (D-Del.) — are seeking answers from the U.S. Census Bureau on the omission of questions from major 2020 federal surveys on sexual orientation and gender identity.

In a letter dated May 22, the senators call on outgoing U.S. Census Bureau director John Thompson to explain the decision to exclude questions from a report outlining to Congress the templates for the 2020 U.S. Census and American Community Survey.

“As you have stated in the past, complete Census data is critical ‘to meet a wide range of federal needs—from providing apportionment and redistricting data as part of our representative democracy, to helping distribute more than $400 billion in federal funds annually,’” the senators write. “This is why it is critical that the Census Bureau’s process to include subjects to fairly and accurately count all Americans is impartial and free from undue interference.”

In March, the Census Bureau at first included in a report detailing 2020 Census plans an appendix note that questions allowing responders to identify their sexual orientation and gender identity were being considered. However, the agency immediately retracted that report and removed the note in a subsequent version of report, which seemed to indicate a final decision on LGBT questions wouldn’t be included in the federal surveys. LGBT groups responded that the Trump administration had “erased” LGBT people.

At the time, Thompson said in a blog post the omission was the result of “no federal data need” to include the questions, citing “a clear statutory or regulatory need for data collection.”

Detailing the multi-year process by which decisions on questions were made, Thompson wrote the initial plan for the surveys was set forth in an initial 2015 report. Although he acknowledged in 2016 members of Congress sought to include LGBT questions, it wasn’t clear whether the decision to omit them came during the Obama or Trump administrations.

According to Harris and Carper, the Obama administration “had considered adding SOGI as a subject to the 2020 Census and ACS” as result of U.S. agencies making the request, but the federal government changed course when President Trump came into office.

“On March 7, 2017…DOJ sent a letter to the U.S. Department of Commerce rescinding its request to include SOGI,” the senators write. “Specifically, DOJ stated that ‘it was unable to reaffirm its request of November 4, 2016.’ As a result, the Census Bureau halted its evaluation of whether SOGI should be included in the 2020 Census and ACS, despite DOJ’s previously clearly articulated need in November. These communications raise concerns about the role of the DOJ and its influence on government data collection.”

The letter seeks — by a June 19 deadline — information on 1) All communications related to the addition of SOGI as a new subject to the 2020 Census and the American Community Survey; 2) An explanation of the Census Bureau’s process to accept and review requests from federal agencies for survey questions; 3) An explanation of the Census Bureau’s process to accept and review requests from Congress; and 4) An explanation of the Census Bureau’s threshold for subject inclusion in the surveys.

The Washington Blade has placed a request seeking comment with the U.S. Census Bureau on the senators’ letter.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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