National
Trump’s U.S. Census proposes, immediately cuts LGBT survey questions
Agency says proposed LGBT categories ‘inadvertently’ included in report

The U.S. Census proposed, then removed LGBT questions in the U.S. Census and American Community Survey. (Photo courtesy the National LGBTQ Task Force.)
The inclusion of LGBT categories in the Planned Subjects for the 2020 Census Report unveiled on Tuesday must have been music to the ears of LGBT advocates seeking to include sexual orientation and gender identity in federal surveys. But the celebration was short-lived: The U.S. Census on the same day announced those categories were included in error.
Just days before its deadline, the U.S. Census delivered to Congress its report on planned subjects for the survey, including gender, age, race, ethnicity, relationship and homeownership status. Under law, the report is due three years before Census Day, with the next one set to occur April 1, 2020.
“Our goal is a complete and accurate census,” Census Bureau Director John Thompson said in a statement. “In planning for the 2020 Census, the Census Bureau has focused on improving its address list by using imagery, finding ways to increase household self-response, leveraging resources inside and outside the government, and making it easier and more efficient for census takers to complete their work. Furthermore, for the first time ever, the decennial will offer an online response option with the ultimate goal of improving question design and data quality while addressing community concerns.”
The report outlines the importance of including these questions in either the decennial U.S. Census or the newer and more detailed annual American Community Survey, which was established in 1985 and seeks to ascertain socio-economic and housing statistics.
But apparently an initial version of this report went too far. The U.S. Census issued a notice shortly afterward indicating the report was corrected because the initial appendix “inadvertently” included LGBT categories.
“The Subjects Planned for the 2020 Census and American Community Survey report released today inadvertently listed sexual orientation and gender identity as a proposed topic in the appendix,” the statement says. “The report has been corrected.”
The National LGBTQ Task Force has downloaded and published an unredacted copy of the report and posted on its website an image of the initial report and the redacted one that followed.
Neither the U.S. Census, nor the American Community Survey, had ever included questions about sexual orientation or transgender status. However, during the Obama years, other federal surveys included questions seeking to identify responders who are LGBT.
With efforts to streamline the decennial U.S. Census, the addition of LGBT questions would have been unlikely. The inclusion of LGBT categories in the report may indicate those categories were initially planned for the more detailed annual American Community Survey, then taken away.
The Blade has placed a call to the Census Bureau seeking comment on why the LGBT categories were included in the report in the first place and why those categories were removed.
LGBT advocates had been pressing for the inclusion of questions about sexual orientation and gender identity in federal surveys and criticized the Trump administration for proposing to include them in the U.S. Census or American Community Survey, then immediately took them away.
Meghan Maury, criminal and economic justice project director for the National LGBTQ Task Force, said in a statement the cut is the latest step from the Trump administration “to deny LGBTQ people freedom, justice, and equity.”
“LGBTQ people are not counted on the Census — no data is collected on sexual orientation or gender identity,” Maury said. “Information from these surveys helps the government to enforce federal laws like the Violence Against Women Act and the Fair Housing Act and to determine how to allocate resources like housing supports and food stamps. If the government doesn’t know how many LGBTQ people live in a community, how can it do its job to ensure we’re getting fair and adequate access to the rights, protections and services we need?”
According to the Task Force, federal agencies have urged the Census Bureau to collect sexual orientation and gender identity data to aid with implementation of the law. Maury called on Congress “to conduct oversight hearings to reveal why the Administration made the last-minute decision not to collect data on LGBTQ people.”
The redaction of LGBT categories is similar to the proposal at the Department of Health & Human Survey to remove established questions seeking to identify LGBT elders in from the National Survey of Older Americans Act Participants, or NSOAAP. The survey is intended to evaluate the effectiveness of programs funded by the Older Americans Act, such as services for home-delivered meals, homemaker services and the National Family Caregiver Support Program.
Sarah Kate Ellis, CEO of GLAAD, said in a statement the removal of the proposed LGBT questions from the U.S. Census report demonstrates a systematic effort on behalf of the Trump administration to erase LGBT people.
“By erasing LGBTQ Americans from the 2020 U.S. Census, the Trump administration is adding a disgusting entry to a long list of tactics they’ve adopted to legally deny services and legitimacy to hard-working LGBTQ Americans,” Ellis said. “The Trump administration is trying hard to erase the LGBTQ community from the fabric of America, but visibility has always been one of the LGBTQ community’s greatest strengths.”
CORRECTION: An initial version of this article inaccurately reported transgender questions were never included in federal surveys, but at least federal surveys have included gender identity questions. The Blade regrets the error.
Puerto Rico
The ‘X’ returns to court
1st Circuit hears case over legal recognition of nonbinary Puerto Ricans
Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.
That has now changed.
Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.
This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.
The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.
Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.
The issue lies in how the law is applied.
Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.
Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.
The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.
The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.
This case does not exist in isolation.
It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.
Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.
From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.
The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.
Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.
That process does not guarantee an immediate outcome, but it shifts the ground.
The debate is no longer theoretical.
It is now before the courts.
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.
Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.
“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”
Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.
The rest of this article can be read on the Baltimore Banner’s website.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
