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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 ā€” U.S. Sens. Kamala Harris (D-Calif.) and Tom Carper (D-Del.) ā€” 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.

ā€œAs you have stated in the past, complete Census data is critical ā€˜to meet a wide range of federal needsā€”from providing apportionment and redistricting data as part of our representative democracy, to helping distribute more than $400 billion in federal funds annually,ā€™ā€ the senators write. ā€œThis is why it is critical that the Census Bureauā€™s process to include subjects to fairly and accurately count all Americans is impartial and free from undue interference.ā€

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 wereĀ 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 DOJā€™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 ā€” by a June 19 deadline ā€” 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 Bureauā€™s process to accept and review requests from Congress; and 4) An explanation of the Census Bureauā€™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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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

ā€œAccessing mental health care and support has become increasingly difficult in nearly every state in the country,ā€Ā said Butler, who is the first Black LGBTQ senator. ā€œBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

ā€œMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.ā€Ā 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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