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Census Bureau: LGBT omission the result of ‘no federal data need’

‘Deciding these subjects is a rigorous process’

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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.”

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Puerto Rico

Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga

Puerto Rican activist celebrates half time show

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Bad Bunny performs at the Super Bowl halftime show on Feb. 8, 2026. (Screen capture via NFL/YouTube)

Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.

Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.

“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”

La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.

“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”

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Human Rights Watch sharply criticizes US in annual report

Trump-Vance administration ‘working to undermine … very idea of human rights’

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(Washington Blade photo by Yariel Valdés González)

Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.

“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”

Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.

“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”

From left: Human Rights Watch Executive Director Philippe Bolopion and Human Rights Watch Washington Director Sarah Yager at a press conference at Human Rights Watch’s D.C. offices on Feb. 4, 2026. (Photo courtesy of Human Rights Watch)

The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.

The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.

Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.

The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”

“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”

The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.

The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”

“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.

Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”

“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”

“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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