National
Census Bureau: LGBT omission the result of ‘no federal data need’
‘Deciding these subjects is a rigorous process’


The U.S. Census has responded to complaints over LGBT omission from a report to Congress. (Image public domain)
Amid consternation over the redaction this week of proposed LGBT categories in a report on the upcoming U.S. Census, the agency responsible for the federal survey on Wednesday said the final report was decided over a “multiyear process” and the LGBT omission was the result of the lack of need for data.
John Thompson, director of the U.S. Census Bureau, wrote in a blog post the decision to omit LGBT questions from the annual American Community Survey was made despite a request from members of Congress.
“We carefully considered this thoughtful request and again worked with federal agencies and the OMB Interagency Working Group on Measuring Sexual Orientation and Gender Identity to determine if there was a legislative mandate to collect this data,” Thompson said. “Our review concluded there was no federal data need to change the planned census and ACS subjects.”
Thompson says the evaluation of content for the upcoming U.S. Census and American Community Survey began in 2014 in a coordinated effort with the Offices of General Counsel at the Department of Commerce. These agencies, Thompson wrote, examined “each subject to determine if it had a statutory or regulatory mandate.”
“Deciding these subjects is a rigorous, iterative process completed in conjunction with the Office of Management and Budget (OMB) and coordinated across many federal agencies,” Thompson said. “In order for a subject to be included, there must be a clear statutory or regulatory need for data collection.”
The Census Bureau published the initial results of the review in a Federal Register Notice in May 2015, with an opportunity for public comment and agency feedback. The request from more than 75 members of Congress to add sexual orientation and gender identity as a subject for the American Community Survey came later in April 2016.
“In 2020, our goal is to conduct a complete and accurate census,” Thompson concludes. “The Census Bureau remains committed to reflecting the information needs of our changing society. We will continue to examine the effectiveness of decennial census and ACS questions to collect accurate data on America’s people, places and economy.”
On Tuesday, the U.S. Census Bureau delivered its report to Congress on the Subjects Planned for the 2020 Census and American Community Survey report. The appendix of the initial report indicated the bureau was proposing questions on sexual orientation and gender identity, but the agency later issued a notice saying those categories were “inadvertently” included and redacted them from the report.
The blog post and accompanying documentation don’t shed any light on why LGBT categories were proposed in the appendix of the initial report to Congress. Moreover, the blog post doesn’t explicitly say when the decision was made to exclude LGBT questions from the decennial U.S. Census or the annual American Community Survey was made after the April 2016 congressional request. The Blade has a placed a request with the Census Bureau to seek clarification on whether the decision to omit the LGBT questions happened during the Obama or Trump administrations.
Meghan Maury, criminal and economic justice director for the National LGBTQ Task Force, said the blog post from the U.S. Census “doesn’t address our concerns.”
“Director Thompson referenced a long and arduous process during which the Bureau coordinated with federal agencies,” Maury said. “We know that as a part of that process, a number of federal agencies articulated in detail why there was a federal regulatory need for the data.”
Maury added the blog post is “misleading” by stating the standard for inclusion of categories in the American Community Survey is a “statutory or regulatory mandate.”
“Although many of the included questions are mandatory or required under federal law, a number of questions are included based on programmatic need – ‘the data are needed for program planning, implementation, or evaluation and there is no explicit mandate or requirements,'” Maury said. “At the very least, we call on the Census Bureau to apply the same standard to inclusion of questions on sexual orientation and gender identity as it does to other questions on the ACS. There is a clear programmatic need for these questions, as laid out by federal agencies in the process mentioned by the Bureau.”
The redaction ignited a firestorm among LGBT advocates, who had been pushing for the inclusion of LGBT questions in the more detailed annual American Community Survey, and denounced the redaction as an attack from the Trump administration. Neither the U.S. Census, nor the more detailed American Community Survey, has ever included LGBT questions.
House Minority Leader Nancy Pelosi (D-Calif.) was among those expressing discontent with the redaction of LGBT data from the report, calling it a “malicious move” in a statement and the latest in a series of Trump administration actions against LGBT people.
“Today, the Trump Administration has decided that LGBT Americans shouldn’t count,” Pelosi said. “By excluding LGBT-specific data collection in the 2020 Census, the Trump Administration shows it does not even want to have the information needed to act in the best interest of countless American families.”
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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