Case Seeks Transparency on Testing of Sexual Orientation and Gender Identity Questions for American Community Survey
New York, NY — Dr. Jonathan B. Freeman, Ph.D., filed a lawsuit today against the U.S. Census Bureau and the U.S. Department of Commerce to compel the release of critical data from the agency’s testing of sexual orientation and gender identity (SOGI) questions on the American Community Survey (ACS). The case, brought under the Freedom of Information Act (FOIA) by Democracy Forward, argues that the Census Bureau unlawfully withheld records that are essential for evaluating whether SOGI questions can be included in the nation’s most important annual survey of the American people. This data is crucial to ensure the needs of LGBTQ+ people are accurately reflected in federal policy and decision-making. Without it, gaps in civil rights enforcement, health care, employment, education, and other critical areas will remain hidden, leaving the community even more vulnerable to inequities.
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. The inclusion of SOGI questions would provide the only large-scale, annually updated benchmark on LGBTQ+ populations nationwide, informing decisions in health care, housing, employment, education, and beyond.
The lawsuit highlights the Census Bureau’s failure to release promised reports and datasets from its 2024 ACS SOGI Test, a large-scale, congressionally funded effort involving nearly half a million households. The withheld data is necessary to ensure scientific accuracy in evaluating the questions and to determine how best to measure the experiences of LGBTQ+ populations across the country.
“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,” said Dr. Jonathan B. Freeman, Ph.D. “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.”
“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,” said 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.”
Dr. Freeman has previously used FOIA requests to obtain important reports and data from prior SOGI question testing conducted by the Census Bureau, and has used that information to advocate for improvements in the agency’s methods and to publish analyses of Census Bureau data. His ongoing research, and the work of other researchers who will use this data, underscores the need for an independent review of government data to prevent insufficient or biased outcomes from undermining the rights of LGBTQ+ Americans.
The complaint, filed in the U.S. District Court for the Southern District of New York, requests that the court order the Census Bureau to process and release the requested records in accordance with established confidentiality safeguards.
The legal team at Democracy Forward in this case includes Daniel McGrath, Anisha Hindocha, and Robin Thurston.
The case is Freeman v. U.S. Census Bureau et al.
Read the complaint here.
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