Census Announces It Will Count Same-Sex Married Couples

Great news about the 2010 Census! Following up on Wednesday's badly received announcement that the Obama administration was directing all federal agencies to include same-sex domestic partners in previously optional employment benefits like relocation reimbursement, the Bureau of the Census has announced that they will include same-sex married couples in the 2010 count of all Americans.

This is big news, and an exciting day for academics and my friends at the Williams Institute at UCLA Law School.

The New York Times reported:

Steve Jost, a spokesman for the Census Bureau, said same-sex couples would be counted, “and they ought to report the way they see themselves,” adding, “In the normal process of reports coming out after the census of 2010, I think the country will have a good data set on which to discuss this phenomenon that is evolving in this country.”

Same-sex couples could not be married in the United States during the last decennial count. But last year, after two states had approved same-sex marriages, the bureau said those legal marriages would go uncounted because the federal Defense of Marriage Act prevented the government from recognizing them.

Interestingly, by the time the Census gets underway in March 2010, there will exist married same-sex couples in at least 7 states, and possibly 9. Right now, there are legally married gay and lesbian couples in Massachusetts, California, Connecticut and Iowa with Vermont and Maine having laws that go into effect in September 2009 and New Hampshire has a law that goes into effect January 1, 2010. The legislative battles over legal same-sex marriage in New Jersey and New York may have been resolved by then as well.

Rea Carey, executive director of The Task Force sent around a list of Frequently Asked Questions:

Why should I care about the Census?

The U.S. Census creates an essential portrait of our nation, every ten years. This data is used to determine the appropriate number of seats in the House of Representatives. It provides key population numbers for Congress and the Administration to determine how federal dollars flow to the states and the data is used by researchers, advocates and policy makers to develop reports, social service programs, and make critical policy decisions. Accordingly, the Census has a big impact on the political power and economic security of lesbian, gay, bisexual and transgender (LGBT) people.

Since 1990, when the Census added the “unmarried partner” designation on its form, people in same-sex relationships have provided the first visible record of our partnerships in the history of our nation. This data has been very important in countering misconceptions about the LGBT community. For instance, the 2000 Census showed that same-sex couples live in nearly every county in the nation, and that Black and Latino same-sex couples are raising children at nearly the rates of their heterosexual peers, while earning lower incomes.

Is there a sexual orientation or gender identity question on the 2010 Census?

No. Two Reasons:

(1) Questions on the Census take years to advocate for, and must be funded by the passage of legislation through Congress. We are just emerging from the anti-LGBT years of the Bush administration, when this was impossible.

(2) There are only 5 questions on the 2010 Census. They are big, general questions that give over-arching demographic information about every single household in the U.S. They pertain to:

Age

Sex

Race/Ethnicity

Relationship

Tenure (rent/own your home)

While we cannot as individual LGBT people make our sexual orientation or gender identity visible on the 2010 Census form, those of us who are partnered can check the “unmarried partner” box, and those couples that have legally married can check the “husband or wife” box.

A note for bi/multi-racial couples: It is not widely known that the race of the household member who fills out the Census form determines the racial designation of a family in one of the Census’ major statistical tables. Given that people of color are often undercounted by the Census, couples or families may want to consider having a person of color identify as household member #1 when filling out the form for a family.

How do I know that the government won’t use this information to target me or my family for discrimination?

The Census must ensure absolute confidentiality of these records in order to carry out its monumental task every ten years. There is no record of any LGBT individual or family being persecuted for checking the “unmarried partner” box.

Another interesting thought experiment is how many states do you think will have gay marriage in 2020? Ten? Twenty? All 50 (51)?