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July 15, 2008

2010 Census Won't Recognize Same-Sex Marriage Responses

2010 Census Won't Recognize Same-Sex Marriage Responses

The U.S. Census Bureau will actively edit the responses of same-sex couples on the 2010 Census, classifying all legally married same-sex couples as "unmarried partners."

“We are just showing the data published in a way that is consistent with the way every other agency publishes their data,” Martin O’Connell, chief of the Census Bureau’s Fertility and Family Statistics Branch, told the San Jose Mercury News Sunday.

The Census Bureau will be operating under the 1996 federal Defense of Marriage Act, which “instructs all federal agencies only to recognize opposite-sex marriages for the purposes of enacting any agency programs.” According to O’Connell, the Bureau has not encountered any federal agency that tracks data on legally married same-sex couples.

Reached for comment by The Advocate, Gary Gates, senior research fellow at UCLA’s Williams Institute, believes that this situation “demonstrates an unintended consequence of the Defense of Marriage Act.” The Census Bureau, which enjoys a “well-deserved reputation as the gold standard of data collection,” now finds itself “forced to change legal and accurate responses to inaccurate responses,” Gates said.

The changes that will be made to Census responses will make it difficult to count married couples in states where same-sex marriages are legal, and impossible for married LGBT couples with children to be recognized as families on the Census. According to Census Bureau definitions, a "family" consists of two or more people related by birth, adoption, or marriage. “[A married LGBT person will] get counted as a single parent,” Gates said.

“It’s shameful,” Shannon Minter, legal director for the National Center for Lesbian Rights, said of the Census policy. Minter told the Mercury  News, “It really is something out of Orwell.” (The Advocate

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

  • Name: Anthony J. Canta
    Date posted: 2008-12-22 9:50 PM
    Hometown: Seattle

    Comment:

    In organized mass we need to refuse to participate in the 2010 U.S. Census. What? Are FEDS going to throw all our butts in jail? We need to develop courage in our community and this is the chance to do it.


  • Name: Mike R
    Date posted: 2008-07-19 12:07 AM
    Hometown: Outside Philly

    Comment:

    Here's a thought. Rather than refuse to complete the senseless, I mean, Census, how about we intentionally skew the numbers? Report that we have 8 to 10 kids with 1 parent in the house for a gay couple, or some other ridiculous result. Census figures are statistics. If enough people provide invalid data, the results won't be valid. If they can't include us, we can make their tool useless. Oh, we have a useless tool already, it's called the president. In the meantime, I agree with Bryan, to work toward changing the laws rather than accepting the garbage they're using. “We are just showing the data published in a way that is consistent with the way every other agency publishes their data,” Martin O’Connell, chief of the Census Bureau’s Fertility and Family Statistics Branch. Perhaps Mr. O'Connell needs to recognize that "every other agency" is living in the past, and should makes efforts to be a leader, not another lemming.


  • Name: Jason
    Date posted: 2008-07-17 8:44 PM
    Hometown: Orlando

    Comment:

    Since it is in our best interest to be a part of the census for congressional districting, etc. I think an appropriate course of action would be to refuse to send in the initial mail-in form, as well as the follow-up mail-in form. This will trigger the census bureau to be required to contact us in person. This will create havoc for the federal government and clearly make a statement without losing our ability to at least be counted unfairly Also, keep in mind, the maximum fine for not completing the census at all is $100 - so those in red states/cities/counties, it may be best to just refuse altogether! LOL


  • Name: Jeannie
    Date posted: 2008-07-16 8:23 PM
    Hometown: Fort Wayne, IN

    Comment:

    Right, Rob & Clay! Since the last census, my wife and I became a two-mommie family when we legally adopted our two daughters (in Colorado under a new law in effect there just last year) and so we are waiting to see what the census bureau does with that. We've already had to correct many different local agencies (here in Indiana) who either act confused or want to argue with us that it just is not possible. We don't go anywhere without their new birth certificates and our adoption papers.


  • Name: TwoDaddyFamily-Rob & Clay Calhoun
    Date posted: 2008-07-16 6:46 PM
    Hometown: Atlanta

    Comment:

    The Census is flat-out lying if they count a legal 2-parent family as only 1 legal “single” parent plus another adult in the home. My husband and I are legally married and we also JOINTLY adopted our two beloved children, but for the Census to pick only one of us as a legal ("single") parent plus another adult in the home, is an outright LIE! All 50 states recognize us as the 2 legal parents of our children, even in Florida, which does not allow gays to adopt, but does recognize out-of-state legal joint adoptions because of the full faith and credit clause of the US Constitution. Adoption law is UNIVERSALLY recognized; marriage is not. It's one thing if the Census switches our answer about our legal marriage as husband and husband to "unmarried partners" because of the so-called Defense of Marriage Act, but it is a totally different thing if they list us as 1 “single” parent plus an adult, because we are BOTH our children's TWO LEGAL PARENTS!! That is, indeed, Orwellian!!


  • Name: Jay
    Date posted: 2008-07-16 6:01 PM
    Hometown: Burbank

    Comment:

    Fact is, this is a federal census and the federal government does not recognize same-sex marriages as legal. Is that shameful? Of course it is. But it's also lawful as we speak. Will that change? Of course it will. And we should seize upon instances like this in order make it clear why it is so fundamental that legal unions are recognized.


  • Name: Jay
    Date posted: 2008-07-16 6:01 PM
    Hometown: Burbank

    Comment:

    Fact is, this is a federal census and the federal government does not recognize same-sex marriages as legal. Is that shameful? Of course it is. But it's also lawful as we speak. Will that change? Of course it will. And we should seize upon instances like this in order make it clear why it is so fundamental that legal unions are recognized.


  • Name: Jeannie
    Date posted: 2008-07-16 5:18 PM
    Hometown: Fort Wayne, IN

    Comment:

    During the last Census, census workers came to our house six--yes, that's what I said--six different times to "clarify" our responses on the census form. The "clarification" they wanted was regarding our relationship: two women sharing a household. We didn't know whether to be appalled or amused because it was so ridiculous. We were as clear as we possibly could be, short of spelling the word lesbian, and yet the workers just couldn't quite document it. Our tax dollars at work.


  • Name: Terre
    Date posted: 2008-07-16 12:30 PM
    Hometown: San Luis Obispo

    Comment:

    A couple of people have targeted Ms Minter without realizing the circular nature of their firing squad. Speaking of perspective and focus, let's keep it on the Census Bureau, which plans to ignore marriage and family data about citizens if they are gay. The law you say they should follow is, in fact, perfectly Orwellian. Wikipedia: The adjective Orwellian describes the situation, idea, or societal condition that George Orwell identified as being non-favourable to the welfare of a free-society. It connotes an attitude and a policy of control by propaganda, misinformation, denial of truth, and manipulation of the past, including the "unperson" — a person whose past existence is expunged from the public record and memory, practiced by modern repressive governments.


  • Name: Carol Grandmont-Bodine
    Date posted: 2008-07-15 9:46 AM
    Hometown: Chicopee

    Comment:

    As an amateur genealogist who happens to be legally married (in MA) to a same-sex spouse, it breaks my heart to think that decades from now my grandchildren, great-grandchildren, and any other future researchers will look at the 2010 census entry and see us listed as single. "In accordance with law" or not, this insult (and gross inaccuracy, since marriage law resides at the state level) will remain in the census archives long after we're dead and gone - persisting even beyond the time when future generations look back at the same-sex marriage controversy and ask, "What was *that* about?" How horribly sad and unnecessary.


  • Name: quasi
    Date posted: 2008-07-15 1:19 AM
    Hometown: Davenport, FL

    Comment:

    If the federal government leaves marriage up to the states, and then supports the the republican-passed DOM and then changes the census data, are they not being two-faced on the topic. (yeah, I hear your disgust and nasty comments just about now.) It sure looks like a nasty lawsuit in the making to me. What about people who are asexual (born without sex organs) or those born with some or all of both? Can they legally marry anywhere? Aren't they also human, deserving of a recognized relationship. There may not be many of them, but they do exist, and I have met some of each. How do they show up on the census? There are more than just "M" or "F" in this world.


  • Name: Mike
    Date posted: 2008-07-15 12:25 AM
    Hometown: Chicago

    Comment:

    ...just one more way for us not to be counted. Those of you voting for EITHER McCain OR Obama beware: they BOTH support this.


  • Name: John
    Date posted: 2008-07-14 9:57 PM
    Hometown: Ferrum

    Comment:

    Unlike Mr. Gates, I do not think this is/was an "unintended" consequence.


  • Name: Dirk Dirksen
    Date posted: 2008-07-14 8:07 PM
    Hometown: Van Nuys

    Comment:

    Mr. Mintner successfully argued the marriage case before the CA Supreme Court. I think he has fantastic perspective and has his efforts focused just about right.


  • Name: Paul
    Date posted: 2008-07-14 7:35 PM
    Hometown: Minneapolis

    Comment:

    Maybe we should just boycott the 2010 census.


  • Name: Dan
    Date posted: 2008-07-14 6:39 PM
    Hometown: San Francisco

    Comment:

    Yes, we all know how well the Bush Administration and its bureaucratic lackeys love to follow the spirit and letter of the law... when it suits their agenda.


  • Name: john germanicus
    Date posted: 2008-07-14 3:55 PM
    Hometown: Williamstown

    Comment:

    you would think we would practise what we preach as to the us constitution. ALL PEOPLE ARE CREATED EQUALL....But we still think its 1964..mistreating people before looking at ourselves 1st.


  • Name: Jay
    Date posted: 2008-07-14 3:47 PM
    Hometown: Burbank

    Comment:

    Surprise - it's still an uphill battle. The upshot? The discussion is out there and things will change as long as we keep on. And I agree, Bryan - the Orwell comment was extremely hysterical. The Census Bureau folks are just following the law, as they should.


  • Name: Bonnie
    Date posted: 2008-07-14 3:38 PM
    Hometown: New York

    Comment:

    We are families whether or not the local, state or federal government choses to say so... Keep a smile on your face and love in your heart!


  • Name: Bryan
    Date posted: 2008-07-14 3:19 PM
    Hometown: Boulder

    Comment:

    I understand the outrage, but it is in accordance with law. What we need to do is not complain about the law being enforced, but rather try to change the law. Furthermore, calling it "something out of Orwell" is a bit excessive, and belittles the atrocities against humanity in 1984, which we all need to try to prevent. Ms. Minter needs to gain some perspective and refocus her efforts.


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