Playing Politics With Data — And People’s Lives

July 21st, 2008

The Census Bureau says that when it conducts the 2010 census, it will not report as married those same-sex couples who in fact are legally married. Instead, the Bureau essentially plans – in the words of one couple highlighted in the Post’s coverage of this policy – to “Photoshop them out of the picture.” According to Census Bureau official Martin O’Connell, “If a respondent refers to a person of the same gender as their ‘husband/wife’ on the 2010 census form, the Census Bureau will automatically assign them to the ‘unmarried partner’ category. Legally married same-sex couples will be indistinguishable in census data from those who choose ‘unmarried partner’ to describe their relationship.” The Bureau describes this sleight of hand as “editing.”

The Census Bureau claims that it’s required to report what is essentially falsified data by the 1996 “Defense of Marriage Act,” which it says forbids the federal government from recognizing the legal marriages of same-sex couples. But while the Bureau made the same “edits” to its data in 2000 for same-sex couples who reported themselves married, the policy pre-dates the current reality that a number of states and countries now legally recognize the marriages of same-sex couples. And even back in 1999, a research paper written by two members of the Census Bureau’s own staff concluded that re-classifying married same-sex couples as “unmarried partners” distorted the data. Imagine how much more distortion there would be now!

The Census Bureau’s mission is to provide and compile accurate data and statistics about the U.S. population – information that is essential to the work of planners, local, state and federal governments, academics, corporations and others. Providing an accurate national portrait is a huge and challenging task, and there have been plenty of disputes over the years about the best way to carry it out. But everyone should agree that the goal must be to provide the most accurate information possible. That’s why it’s appalling that a federal agency would use what is at best a “colorable” argument about DOMA (in the words of Rep. Barney Frank) to adopt a policy that is completely contrary to its own mission.

In fact, it is far from clear that DOMA requires the Bureau to report inaccurate information. What is clear, however, is that legally married gay and lesbian couples are just that — legally married. If the Census Bureau is to do its job properly, those couples must be counted honestly and accurately. Leave the counting to the counters, and the politics and discrimination to others.

People For the American Way has launched a petition to the director of the Bureau calling on him to change the policy – to put politics aside and carry out the mission of the Bureau, which is to compile complete and accurate information about the American population.


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By People for the American Way Legal Director Judith E. Schaeffer