Lawsuit seeks release of Census data on sexual orientation and gender identity

A college professor, represented by Democracy Forward, is suing the federal government to compel the release of Census data on sexual orientation and gender identity — data that both the professor and the legal nonprofit is key to protecting the civil rights of LGBTQ+ Americans.

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Jonathan Freeman, a New York City resident, filed the suit Monday in U.S. District Court for the Southern District of New York, naming the Census Bureau and Department of Commerce as defendants.

In 2024, the Census Bureau conducted a test survey that submitted questions on sexual orientation and gender identity to about half a million American households. The purpose was to see if the questions were appropriate and scientifically sound for inclusion in the Census Bureau’s American Community Survey, which gathers demographic information on about 3.5 million households annually.

“The ACS is the nation’s primary source of detailed, representative demographic data, used by federal, state, and local governments to shape policy and enforce civil rights protections,” says a Democracy Forward press release. “The inclusion of [sexual orientation and gender identity] questions would provide the only large-scale, annually updated benchmark on LGBTQ+ populations nationwide, informing decisions in health care, housing, employment, education, and beyond.”

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The test survey was funded by Congress, and the bureau promised to release the data. But it has not done so, even though Freeman filed requests for it under the Freedom of Information Act. The bureau has cited a legal provision intended to protect personally identifiable information, but there is much information that cannot be traced to individuals, and it is legal for the bureau to release that, according to the suit. It asks that the court order the release of the requested records in accordance with established confidentiality safeguards.

“The Census Bureau promised transparency around this testing yet has withheld the very information needed to evaluate the suitability of sexual orientation and gender identity questions in our nation’s most important annual demographic survey,” Freeman said in the release. “As a researcher, I know how vital data is for ensuring civil rights are upheld and that public policies reflect the realities of people’s lives. Refusing to release the requested data on how these questions performed undermines the Census Bureau’s scientific integrity and prevents accountability when LGBTQ+ communities are left invisible.”

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Freeman has used data from previous test questions on sexual orientation and gender identity to write scholarly articles and to advocate for improvement in the bureau’s methods.

“In a democracy, government data collection must be transparent, especially when it directly informs how civil rights laws are enforced and how resources are distributed,” added Skye Perryman, president and CEO of Democracy Forward. “The Census Bureau cannot withhold critical information that communities, researchers, and policymakers need to ensure fairness and equality. We are honored to represent Dr. Freeman in demanding accountability.”