On September 22, 2025, Dr. Jonathan B. Freeman, Ph.D., filed a lawsuit 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). 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. Dr. Freeman is represented by Democracy Forward in this matter.
On May 30, 2025, and July 21, 2025, Dr. Freeman sent Freedom of Information Act (FOIA) requests to the Census Bureau seeking information on ACS SOGI Testing components. The requests were wrongfully denied by the Census Bureau. Dr. Freeman appealed the Bureau’s decisions, but has not received a response.
The lawsuit argues that the Census Bureau unlawfully withheld records essential to evaluating whether SOGI questions can be included in the nation’s most important annual survey of people in America. 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 complaint requests that the court order the Census Bureau to comply with the FOIA request and process and release the records in accordance with established confidentiality safeguards.
The case is Freeman v. U.S. Census Bureau et al.
Timeline
-
Dr. Freeman filed a FOIA request with the Census Bureau seeking information on the ACS SOGI Test’s Cognitive Testing component.
-
Dr. Freeman filed a FOIA request with the Census Bureau seeking information on the ACS SOGI Test’s Field Testing component.
-
Due to noncompliance with the FOIA, Democracy Forward filed a lawsuit on behalf of Dr. Freeman to compel the release of the requested information.
