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Next entry: Bauer: ‘America cannot endure four years of Barack Obama’ Previous entry: Your Grunting, Antisocial Child Will Shower With Strangers

2010 census to ‘closet’ data on same-sex married couples

LGBT

Here’s why the federal Defense of Marriage Act has to go. The U.S. Census Bureau, hiding behind DOMA, will edit the responses given by same-sex couples in California and Massachusetts (as well as any other states that may legalize marriage equality by then).

Even though thousands of couples will have legal civil marriage certificates, they will be reported in statistics that will be relied upon by demographers and agencies as “unmarried partners.” Politicizing the census with bad data is unacceptable.

The Census Bureau does not ask about sexual orientation, but it does ask people to describe their relationships to others in their household. 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 chose “unmarried partner” to describe their relationship.

... Critics say the census plan will mask the records of legal, same-sex, married couples and therefore degrade the quality of the government’s demographic data.

I just think it’s bad form for the census to change a legal response to an incorrect response,” said Gary Gates of the Williams Institute, a think tank at the University of California-Los Angeles law school that studies gay-related public policy issues. “That goes against everything the census stands for.”

Gates, a prominent demographer who was consulted by Census Bureau officials about counting legally married same-sex couples, said one result is that the census will undercount marriages in states with gay marriage. And because the bureau defines a “family” as two or more people related by birth, adoption or marriage, it also will remove many same-sex married couples from being counted as families.

It’s a systematic hiding not only of married gay couples, but gay couples as families, which I would argue is a fundamentally political decision,” Gates said.

Of course this raises the question of civil unions and domestic partners as well—they are in a netherworld of being “unmarried”

and

unable to check married for the purpose of the census, further confusing and skewing data.

I have to think that this will end up in court; the excuses given—that it’s too late to change the forms and buck current federal law—don’t make sense. We’re only talking two states with legal same-sex marriage now. What if we had 10 states that legalized it? 20? How many states would need to have marriage equality to reach the tipping point for our government to decide it needs accurate data?

More at FDL by Teddy Partridge.

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Posted by Pam Spaulding on 02:55 PM • (32) Comments

The federal government: working to re-closet queer people.

Comment #1: MAJeff, the God of Biscuits  on  07/14  at  03:06 PM

But wouldn’t that info be helpful and interesting?  Having two of the same gendered people shouldn’t just invalidate the “married” selection.  Seems to me that people might like to search the database using those variables.

This is classic Bush Administration nonsense.  Fake the info to fit the policy.  Heaven forbid real data intrude on their wishful thinking.

Stupid burns.  Barack should be President by then, so maybe he’ll have time to fix it.

Comment #2: Caren, Creator of Animorphic Pancakes  on  07/14  at  03:09 PM

This is so utterly disgusting and disingenous—they don’t ask for the marriage certificates of heterosexual couples—if you say you are married you are counted as married. If you say those are your kids, they count as your kids. The idea that the state steps in and redefines the defintion of some people’s marriages is just absurd—every religious community in the country should be up in arms about this. What is to stop the state from refusing to count marriages that took place in a church? Or the marriages of divorced people? Nothing. The law should be the same for everyone—either self reporting is good enough, or documentary proof from everyone.  It would be hellaciously complex and expensive to demand legal proof from every heterosexual couple—and we might find out that lots of people are cohabiting without being married too. Can’t have that! Must preserve deniability for actuallyr ecognizing what people are doing.

aimai

Comment #3: aimai  on  07/14  at  03:11 PM

and we might find out that lots of people are cohabiting without being married too.

That gets reported. I would guess it’s likely that those same-sex couples who are married will be reported under this category.  They reported that category for same-sex couples in the 2000 census when DOMA was also in play.  Now, if they’re going to fail to report any of these statistics as well, then we’re even more likely to be seeing some more extensive political pressures from within the jebofascisti in the Bush administration is at play.

Comment #4: MAJeff, the God of Biscuits  on  07/14  at  03:33 PM

Now that’s just stupid.  They’re going to decide that legally married people aren’t really married because the unconstitutional DOMA hasn’t been tested in court yet?

This kind of crap always makes me want to force them to write “Full Faith and Credit” a thousand times until it frickin’ sinks in.

Comment #5: Mnemosyne  on  07/14  at  03:36 PM

“How many states would need to have marriage equality to reach the tipping point for our government to decide it needs accurate data?”

All of them — plus lawsuits, a SCOTUS ruling, and purging years worth of dedicated wingnut moles put in place in key government positions by the Bushites.

But other than that, it’s easy…

Comment #6: MikeEss  on  07/14  at  03:56 PM

We’re only talking two states with legal same-sex marriage now.

With California, Massachusetts and New York recognizing same-sex marriage, we’re talking about 20% of the population of the United States.

Comment #7: BABH  on  07/14  at  04:02 PM

With California, Massachusetts and New York recognizing same-sex marriage, we’re talking about 20% of the population of the United States.

Yes, when we were in NYC over the weekend, Kate and I were able to celebrate that our Canadian marriage was legal within the borders of the Empire State. smile

And then we flew home to NC where we have no rights whatsoever (aside from the benefits granted from my private employer).

Comment #8: Pam Spaulding  on  07/14  at  04:10 PM

What category will civil unions fall into?  It is not exactly unmarried partner, but not married partner either.  Civil unions are not banned by DOMA. 

Do VT civil union same sex partners get called unmarried with nothing more specific as well?  What about hetrosexual civil unions?  As civil union is legal per DOMA, and should therefore form a legal family unit at the federal level, wouldn’t changing that to unmarried partner be even more dirrectly wrong data-wise?  (Ethically, the whole thing stinks.)

Comment #9: Helen H  on  07/14  at  04:36 PM

What about hetrosexual civil unions?

Where in the United States do those exist?

In Connecticut, for example, Civil Unions were established specifically to segregate same-sex couples out of marriage, and are only available to same-sex couples. It’s pretty much the same in VT and NJ. Other states that have varying types of Domestic Partnership or Reciprocal Beneficiaries allow different forms of relationships recognition in more limited circumstances, but in the US there’s no such thing as a heterosexual civil union.

Comment #10: MAJeff, the God of Biscuits  on  07/14  at  04:56 PM

California has a over 10% of the nation’s population, last I heard.

It probably also skews gay a bit more than some other states, as we have communities that are welcoming to them (and ones that aren’t, but if you’re moving to California for a better life, you’re aiming for the coast, not Fresno).

We’d make a big impact on the census.

Plus, outside the states where it is legal, I think couples who have made their vows in places it is legal should be counted as married.

Comment #11: Samantha Vimes  on  07/14  at  05:02 PM

Considering the problems that have been cropping up with the 2010 Census (See http://www.gao.gov/highlights/d08550thigh2_1.pdf
and
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/15/AR2008021503196.html
among others - apologies for the non-embedded links) this might be another case where incompetence is playing as big a role as malfeasance.

Incompetence and malfeasance: The one-two punch of the Bush Administration.

Comment #12: Dweeze  on  07/14  at  05:15 PM

Add another category already, and let who will lump however they wish.
“Married, by Federal standards (heterosexual)”, “Married, by State standards (same-sex)”, “unmarried partner”, “civil union” (the last two to be disaggregatable by gender composition).

Comment #13: NancyP  on  07/14  at  05:47 PM

Drs. Gary Gates and Lee Badgett, the demography and economics experts at the LGBT rights think tank, The Williams Institute at UCLA Law School, must be having a fit!

Comment #14: NancyP  on  07/14  at  05:50 PM

Incompetence and malfeasance: The one-two punch of the Bush Administration.

It’s only malfeasance—they use incompetence as an excuse, but I have no doubt by this point that they’re doing it deliberately.

Comment #15: Incertus, Nacho Daddy  on  07/14  at  06:22 PM

This lets some wingnut claim that according to the census, no gay people have actually taken advantage of the legality of same-sex marriage. When the census results come out, just wait for this one.

Comment #16: paul  on  07/14  at  06:28 PM

Actually, Washington (not DC) has civil unions available for elderly straight persons (at least one partner has to over 65 I think).

Comment #17: Ava  on  07/14  at  06:29 PM

I do have some insider knowledge from the standpoint of working business development for a subcontractor on one of the losing contractor teams.  The data fields to carryover from the 2000 Census to the 2010 Census have been in place since the software development requirements were finalized in 2006. The 2008 Census Dress Rehearsal is already over, so they probably have enough on their hands resolving the problems that uncovered to be able to add new data fields at this point.

That being said, if the political will to make changes were there from the Bureau, the contractor would find a way to do it.

Comment #18: Dweeze  on  07/14  at  06:33 PM

no, Washington state has Domestic Partnerships.  Those are not Civil Unions.

These are all different legal structures.  The names matter because one thing may exist in a certain jurisdiction but not be transferrable to another.

Comment #19: MAJeff, the God of Biscuits  on  07/14  at  06:34 PM

There are corrupt governments, and then there are *corrupt* governments.

Corrupting the FBI the way FDR did is one thing.  Even corrupting the IRS the way Nixon did is not too surprising.

Bush has corrupted the GAO and the Census Bureau.  Now *that* is corruption on a truly epic scale.

Not to be a concern troll, but you might want to be careful what you wish for here. If only a small fraction of gays self-reports (or gets counted) as married, gay-marriage opponents will be able to bleat, “See? Those evul gays never wanted stable relationships in the first place!”

BTW, Dr. Psycho, how did FDR “corrupt” the FBI? I thought Hoover accomplished that pretty much all on his own.

Comment #21: Bitter Scribe  on  07/14  at  10:55 PM

Political maneuvering, bureaucratic f%^kups, and intended/unintended redundant work.  *Sigh*  Some things just never change.  rolleyes

Comment #22: exholt  on  07/14  at  11:31 PM

Dweeze: I do have some insider knowledge from the standpoint of working business development for a subcontractor on one of the losing contractor teams.  The data fields to carryover from the 2000 Census to the 2010 Census have been in place since the software development requirements were finalized in 2006.

No new fields are required, Dweeze. (Of course, if the US Census cared about being accurate, they would have introduced new data fields to cover the new legal relationships of domestic partnership, civil union, etc.)

But as of 2004 - indeed, before that if the US recognises Canadian marriages as legal - same-sex couples have been married. Marriage is a field already recognised by the US Census, is it not? The decision is not to permit a person legally married to a person of the same gender to tick the “married” box, not to add a new category for “married couples of the same-sex”.

Comment #23: Jesurgislac  on  07/15  at  05:21 AM

That’s pretty disingenuous on the part of the Census Bureau.  Did they not count interracial marriage where it was legal before Loving v. Virginia?

As for me, I just donated part of my economic stimulus to Mass Equality, to ensure that equal marriage rights are protected here in the Bay State.

Comment #24: Ellid  on  07/15  at  08:20 AM

The other thing, of course, is that politicizing the census in such a clear way reduces public confidence in all of its results, because we have to start wondering which other data might be being messed with in a more secret way. And that in turn makes people less willing to cooperate with the census, which makes all of the results less useful.

Comment #25: paul  on  07/15  at  09:22 AM

...because we have to start wondering which other data might be being messed with in a more secret way.

Next news item will be that anyone who marks any religion other than “Christian” or “Republican” is automatically changed to that. (Jews and Muslims get dumped into “Christian”, atheists and pagans get dumped into “Republican”, I’ll bet.)

That will then be used to “prove” that America is a Christian nation and Obama was wrong all along.

Comment #26: Faye  on  07/15  at  10:29 AM

As for me, I just donated part of my economic stimulus to Mass Equality, to ensure that equal marriage rights are protected here in the Bay State.

The Senate votes today on a bill to repeal the “1913 Law” and allow out-of-state same-sex couples to marry.  If it passes today, it moves to the House, where leadership supports it (and in the MA House, that pretty much guarantees passage). Governor Patrick has also said he’ll sign it.

Comment #27: MAJeff, the God of Biscuits  on  07/15  at  11:27 AM

MaJeff, god of biscuits,

My point was that the census asks you to *self report* whether you are married or not. I don’t think there is any verification process to determine whether you are, in fact, legally married to the person you say you are.  In fact I very much doubt it. Nor is there any process by which they figure out that you are married if you say you aren’t.  The census is based upon more or less truthful self reporting.

aimai

Comment #28: aimai  on  07/15  at  12:26 PM

What would happen if a straight couple tried to get a civil union in, say, Connecticut?

Comment #29: rhiain  on  07/15  at  03:02 PM

And this isn’t even the worst of it!  In 1990, when same-sex partners identified as married, the Census Bureau was confused (“Marriage is between a man and a woman!”) and recoded the *gender* on one of the partners, reclassifying the couple as a different-sex married couple!  In 2000, they did a bit better and reclassifed same-sex spouses as same-sex unmarried partners.  But, yes, we can and should do better still.  Since when is more complete information a bad thing? 

Oh—and as half of a different-sex couple who never plans to marry, I resent being excluded from the definition of family, too!

Comment #30: martamc  on  07/16  at  11:41 AM

Why in the world can’t they just let people answer truthfully, and then mix, match and combine the resulting data how they need to for whatever report they want?

I’m sure they do that with things like ethnicity, where you can put all sorts of things, but then group (if you need to) into things like “white” and “non-white” if you want to compare such things?

Why fudge the underlying data? Especially since, while it sucks, people in domestic partnerships are “unmarried” even in the state level sense.

But a same-sex couple married anywhere is still married and should be able to self-report as such, and then for federal purposes, they can only choose to call opposite sex couples married. Fudging the data permanently closes the door to the truth.

There is no science here, just politics.

Comment #31: Lymis  on  07/16  at  12:35 PM

Since the information will not be accurately recorded, gay couples who are legally married should engage in civil disobedience and refuse to take part in the census.

Comment #32: MotorcycleGuy  on  07/18  at  12:30 AM
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