Proposed Expanded Collection of Statistics on Sexual Orientation and Gender Identity by the Federal Government

Proposed Expanded Collection of Statistics on Sexual Orientation and Gender Identity by the Federal Government

INSIGHT

Proposed Expanded Collection of Statistics on
Sexual Orientation and Gender Identity by
the Federal Government
April 2, 2024
The U.S. Census Bureau has proposed a test of questions about sexual orientation and gender identity
(SOGI) as possible additions to the American Community Survey (ACS). While federal surveys have
collected sexual orientation and gender identity data as early as, respectively, 2001 and 2007, the Biden
Administration has taken steps to expand collection of these statistics. In June 2022, Executive Order
14075 instructed the Director of the Office of Management and Budget (OMB) to develop a report
recommending best practices for collecting SOGI data in federal statistics. In September 2023, the Census
Bureau announced a proposal to test SOGI questions on the ACS, a large-scale survey of U.S. households
that randomly selected respondents are required to complete.
The Census Bureau defines sex and gender as follows:
Sex is based on the biological attributes of men and women (chromosomes, anatomy, hormones),
while gender is a social construction whereby a society or culture assigns certain tendencies or
behaviors the labels of masculine or feminine.
There is currently no uniform standard for the collection of SOGI data in federal surveys. Members have
introduced legislation in the 118th Congress in the House and the Senate to require the collection of SOGI
data; meanwhile, other Members have expressed opposition to the Census Bureau’s proposal to ask
questions about gender identity.
History of SOGI in Federal Surveys
The federal government collected data relating to sexual orientation as early as 2001 in several surveys,
including the Centers for Disease Control and Prevention’s National Health and Nutrition Examination
Survey and National Health Interview Survey (NHIS). Questions asking respondents to provide
information about their gender identity were asked as early as 2007 in the Bureau of Justice Statistics’
National Inmate Survey.
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The Census Bureau has reported on respondents who identified themselves as same-sex married couples
since 2005 with ACS estimates and data collected in the 2010 decennial census. Data on same-sex
couples were also published from the 2000 decennial census in the form of Married-Couple and
Unmarried-Partner Households, with 594,000 households responding as partners of the same sex.
The Census Bureau also began publishing data on same-sex couples as of 2013 from the ACS, the Survey
of Income and Program Participation, and the American Housing Survey. The 2020 decennial census also
produced information about same-sex couples.
None of these surveys included questions that specifically asked respondents about their sexual
orientation or gender identity. That changed with the 2014 NHIS, which recorded sexual orientation
among respondents. In July 2021, the Census Bureau’s Household Pulse Survey (HPS) collected both
sexual orientation and gender identity data.
SOGI data gathered in the United States by nongovernment entities, such as Statista and Gallup, found
approximately 7% of respondents identified in 2022 as lesbian, gay, bisexual, or transgender (LGBT).
Outside of the United States, an Organisation for Economic Co-operation and Development (OECD)
2019 report identified 14 OECD member countries which collect information on sexual self-
identification, including Canada and Mexico. In the United Kingdom, the Census for England and Wales
began asking about SOGI in 2021.
2024 ACS Sexual Orientation and Gender Identity Test
On September 19, 2023, the Census Bureau announced a proposal to begin testing SOGI questions on the
ACS. Known as the 2024 ACS SOGI Test, the test is intended to build on existing research, including
work done by the Federal Interagency Working Group on Measuring SOGI; the Federal Committee on
Statistical Methodologies’ Measuring SOGI Research Group; and the National Academies of Sciences,
Engineering, and Medicine (NASEM).
The test proposes a two-step gender identity question that would first ask about the respondent’s sex
assigned at birth then ask about current gender. If the responses to these questions do not match, a
verification question would be asked. This would replace the existing ACS question asking the
respondent’s sex. The test would also include a question about sexual orientation.
Proposed questions asking the respondent’s “current gender” and “sexual orientation” would only be
asked to individuals aged 15 and older.

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ACS SOGI Test Questions
Sex Assigned at Birth
Question: What sex was <Name> assigned at birth?
Answers: Male; Female
Current Gender
Question: What is <Name’s> current gender?
Answers: Male; Female; Transgender; Nonbinary; This person uses a different term (with a space to write in a response)
Sexual Orientation
Question: Which of the fol owing best represents how <Name> thinks of themselves?
Answers: Gay or lesbian; Straight—that is not gay or lesbian; Bisexual; This person uses a different term (with a space to
write in a response)
The test aims to understand the question’s performance when completed by proxy respondents. Typically,
one person at an address will respond to the ACS for the household. There are currently no SOGI
questions on any federal surveys that use proxy reporting. In consideration of sensitivity in interviewer-
led modes, the Census Bureau proposes using flashcards for in-person interviews to protect respondent
privacy.
The 2024 ACS SOGI Test would include different treatments of some questions to be asked to assess best
practices. Public comments for the proposal were open until November 20, 2023. The potential timeline
for testing these potential questions and OMB’s response to the proposal is not yet determined, but the
process of adding ACS questions can typically last up to five years.
Potential Considerations for Congress
Some Members of Congress have voiced support and others opposition to the inclusion of SOGI data in
federal surveys. Member efforts to enact an LGBTQI+ Data Inclusion Act began in the 114th Congress.
Other Members have expressed opposition to the Census Bureau asking questions about gender identity
in particular. Among other considerations, the following questions may be of interest to Congress:
• How might Members interested in this topic engage on this issue through legislative or
oversight means?
• With the ACS being a mandatory survey, would the proposed SOGI questions be
optional? Would they offer a “prefer not to say” option? Would the Census Bureau
continue to utilize disclosure avoidance techniques used in the 2020 decennial?
• What are the viewpoints and issues raised by the public commenting on this change?
• What might be the impact of the ACS SOGI Test if implemented?

Author Information

Taylor R. Knoedl

Analyst in American National Government

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