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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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Texas

Texas GOP Governor Greg Abbott signs anti-Trans youth sports bill

“Despite the powerful testimony of trans kids & adults- the emails to the Governor to veto this harmful piece of legislation it is now law”

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Texas Republican Governor Greg Abbott (Blade file screenshot)

AUSTIN – Texas Republican Gov. Greg Abbott signed into law Monday H.B. 25, an anti-Transgender youth sports bill banning Trans K-12 student-athletes from playing on sports teams consistent with their gender identity. 

H.B. 25 is the 9th statewide bill signed into law this year banning transgender youth from participating in school sports and the 10th in the country. This bill also comes during a year when Texas lawmakers have proposed nearly 70 anti-LGBTQ bills, including more than 40 bills that specifically target transgender and nonbinary youth — far more than any other state.

“We are devastated at the passage of this bill. Despite the powerful testimony of trans kids and adults, families and advocates, and the many emails and calls our community placed to the Governor’s office to veto this harmful piece of legislation it is now law,” Ricardo Martinez, CEO of Equality Texas, said.

“Most immediately, our focus is our community and integrating concepts of healing justice to provide advocates who have already been harmed by this bill with spaces to refill their cup and unpack the acute trauma caused by these legislative sessions. Our organizations will also begin to shift focus to electing pro-equality lawmakers who understand our issues and prioritize representing the vast majority of Texans who firmly believe that discrimination against trans and LGB+ people is wrong,” he added.

Earlier this month, the Texas state government was criticized for removing web pages with resources for LGBTQ youth, including information about The Trevor Project’s crisis services. The Trevor Project the world’s largest suicide prevention and crisis intervention organization for LGBTQ+ young people.

“Transgender and nonbinary youth are already at higher risk for poor mental health and suicide because of bullying, discrimination, and rejection. This misguided legislation will only make matters worse,” Amit Paley, CEO and Executive Director of The Trevor Project said in a statement released Monday afternoon.

To every trans Texan who may be feeling hurt and attacked by this legislation and months of ugly political debate — please know that you are valid, and you are deserving of equal opportunity, dignity and respect. The Trevor Project is here for you 24/7 if you ever need support, and we will continue fighting alongside a broad coalition of advocates to challenge this law,” Paley said.

********************

Additional resources:

Research consistently demonstrates that transgender and nonbinary youth face unique mental health challenges and an elevated risk for bullying and suicide risk compared to their peers.  

  • The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health found that more than half (52%) of transgender and nonbinary youth seriously considered suicide in the past year, and 1 in 5 attempted suicide. 94% of LGBTQ youth reported that recent politics negatively impacted their mental health. 
  • A newly published research brief on “Bullying and Suicide Risk among LGBTQ Youth,” found that 61% of transgender and nonbinary (TGNB) students reported being bullied either in-person or electronically in the past year, compared to 45% of cisgender LGBQ students. TGNB students who were bullied in the past year reported more than twice the rate of attempting suicide in the past year compared to those who were not. And TGNB students who said their school was LGBTQ-affirming reported significantly lower rates of being bullied (55%) compared to those in schools that weren’t LGBTQ-affirming (65%).
  • A 2020 peer-reviewed study found that transgender and nonbinary youth who report experiencing discrimination based on their gender identity had more than double the odds of attempting suicide in the past year compared to those who did not experience discrimination based on their gender identity.
  • Trevor’s research has also found that a majority of LGBTQ young people (68%) had never participated in sports for a school or community league or club — with many citing fear of bullying and discrimination as a key factor for not participating.

If you or someone you know needs help or support, The Trevor Project’s trained crisis counselors are available 24/7 at 1-866-488-7386, via chat at TheTrevorProject.org/Help, or by texting START to 678678.

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National

Ohio high school cancels play with Gay character after Pastor complains

The School’s fall production of “She Kills Monsters” was scheduled to open in less than one month until the play was canceled

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Hillsboro High School (Screenshot via Cincinnati ABC affiliate WCPO-TV)

HILLSBORO, Oh. — A Southwest Ohio high school’s play was abruptly canceled after Jeff Lyle, a local pastor from Good News Gathering, complained of a gay character. 

Hillsboro High School’s fall production of “She Kills Monsters” was scheduled to open in less than one month, until students learned the play would be canceled last week, reports Cincinnati’s ABC affiliate WCPO

The story follows a high school senior as she learns about her late sister’s life. It is implied throughout the play that her sister is gay, according to the news station.

The play’s cancellation comes a week after Lyle, a long-time voice of the anti-LGBTQ+ religious-right in Ohio, and a group of parents confronted the production’s directors at a meeting, according to Cincinnati CBS affiliate Local 12. Lyle denies pressuring school officials, but tells WCPO he supports the decision.

“From a Biblical worldview this play is inappropriate for a number of reasons, e.g. sexual innuendo, implied sexual activity between unmarried persons, repeated use of foul language including taking the Lord’s name in vain,” Lyle said. 

Some families say they believe Lyle did influence the school’s decision. 

“I think that’s wrong,” Jon Polstra, a father of one of the actors, told WCPO. “All they would have had to do if they objected to something in the play was not go to the play.”

In a statement to Local 12, Hillsboro City Schools Superintendent Tim Davis said the play was canceled because it “was not appropriate for our K-12 audience.”

The Lexington Herald Leader reports that the school planned to perform a version intended for audiences as young as 11 years old. 

Students were “devastated” and “blindsided” by the news, according to WCPO. 

“It felt like we had just been told, ‘Screw off and your lives don’t matter,'” Christopher Cronan, a Hillsboro High student, said. “I am openly bisexual in that school and I have faced a lot of homophobia there, but I never expected them to cancel a play for a fictional character.”

Cronan’s father, Ryan, also voiced his frustration. 

“They want to say the town is just not ready, but how are you not ready? It’s 2021,” Ryan Cronan said.

Students have started a GoFundMe in hopes of putting on the production at a community theater in 2022.

“If we do raise enough money, I am going to be genuinely happy for a very long time, because that means people do care,” Cronan told WCPO.

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Utah

VIDEO: Utah deal promoted as national model for LGBTQ rights, religious liberty

Data finds state has 2nd highest support for LGBTQ rights

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(Screen capture via YouTube)

A new video from the premier LGBTQ group in Utah, challenging the idea LGBTQ rights must be at odds with religious liberty, promotes an agreement reached in the state as a potential model to achieve a long sought-after update to civil rights law at the federal level.

The video, published Friday by Equality Utah, focuses on a 2015 agreement in Utah between the supporters of LGBTQ rights and the Mormon Church to enact a compromise acceptable to both sides. The agreement by those two sides led to an LGBTQ civil rights law in the state, which has Republican control of the state legislature and the governor’s mansion.

Troy Williams, executive director of Equality Utah, says in the video dialogue is key to achieving meaningful success, whether its among the people of Utah, a state legislature or lawmakers in Congress.

“When you are working with LGBT rights in a state like Utah, and you want to advance legal equality, you can’t do it without working with Republicans, with conservative, with people of faith,” Williams says.

Williams, speaking with the Washington Blade over a Zoom call, said the main audience for the video is people on “the center right and the center left” willing to listen to other side when it comes to LGBTQ rights and religious liberty.

“People that have the courage to reach out to each other, and sit down across from each other and say, ‘Hey look, let’s hammer this out,” Williams said. “That’s who my audience is.”

Not only did Utah enact non-discrimination protections for LGBTQ people, but the state under a Republican governor administratively banned widely discredited conversion therapy for youth. When lawmakers proposed legislation that would ban transgender youth from competing in school sports, the proposal was scuttled when Gov. Spencer Cox (whom Williams called a “super Mormon”) said he’d veto it after it came to his desk.

Marina Gomberg, a former board for Equality Utah, is another voice in the video seeking dispel the narrative religious liberty and LGBTQ rights are in conflict.

“in order to protect LGBTQ people, we don have to deny religious liberty, and in order to provide protections for religious liberties, we don’t have to deny LGBTQ people,” Gomberg says. “The idea that we do is a fallacy that Utah has dismantled.”

In July, new polling demonstrated the surprisingly the Utah, despite being a conservative state, has the second highest percentage of state population in support for non-discrimination protections for LGBTQ people. The data Public Religion Research Institute from 77 percent of Utah residents support LGBTQ people, which is just behind New Hampshire at 81 percent.

Tyler Deaton, senior adviser for the pro-LGBTQ American Unity Fund, said the Utah agreement demonstrates the possibility of reaching an agreement at the federal level once “second order” issues are put into perspective.

“The first order question has to be how are we winning the culture,” Deaton said. “Do people even want to pass the bill? And if they do, you then figure out the details.”

The American Unity Fund has helped promote as a path forward for LGBTQ non-discrimination at the federal level the Fairness for For All Act, legislation seeking to reach a middle ground on LGBTQ rights and religious freedom. Polling earlier this year found 57 percent of the American public back a bipartisan solution in Congress to advance LGBTQ civil rights.

Supporters of the Equality Act, the more established vehicle for LGBTQ rights before Congress, say the Fairness for For All Act would give too many carve-out for LGBTQ rights in the name of religious freedom. The Equality Act, however, is all but dead in Congress and has shown no movement in the U.S. Senate.

Skeptics of the Utah law would point out the law doesn’t address public accommodations, one of the more challenging aspects in the fight for LGBTQ rights and one or remaining gaps in civil rights protections for LGBTQ people in the aftermath of the U.S. Supreme Court’s decision last year in Bostock v. Clayton County. As a result, it’s perfectly legal in Utah for a business owner to discriminate against LGBTQ coming as patrons.

Williams, however, shrugged off the idea the lack of public accommodations protections in Utah make the agreement in the state makes it any less of a model, making the case the spirit behind the deal is what matters.

“I think copying and pasting Utah’s law doesn’t work for lots of reasons,” Wililams said. “What’s most important is a model of collaboration because when you are sitting around the table with each other — Democrats and Republicans, LGBTQ people and people of faith — that’s when the transformation happens. That is when the mutual respect is really forged.”

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