BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
SJR 28 (Kehoe)
As Introduced
Hearing Date: June 10, 2010
Fiscal: No
Urgency: No
KB:jd
SUBJECT
The 2020 Census
DESCRIPTION
This measure, sponsored by Equality California, would urge the
Congress and the President of the United States to enact
legislation to have the 2020 Census gather data on sexual
orientation and gender identity.
BACKGROUND
The 2010 Census will be the first to report counts of both
same-sex partners and same-sex spouses. However, the 2010
Census does not ask about sexual orientation or gender identity.
This resolution would urge the Congress and the President of
the United States to enact legislation to have the 2020 Census
gather data on sexual orientation and gender identity so that
the data could be used to appropriately allocate resources and
services to this community just as it does other communities.
CHANGES TO EXISTING LAW
Existing constitutional law requires the federal government to
conduct a census of the United States' population every ten
years. (U.S. Const., art. I, Sec. 2.)
This resolution states that the Constitution of the United
States and federal statutory law require the federal government
to perform a census of people living in the United States.
This resolution states that the federal government uses data
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collected from the census for the allocation of federal funds,
including, but not limited to, funding for hospitals, job
training centers, schools, public works projects, and emergency
services.
This resolution states that the number of representatives
allocated to a state to serve in the United States House of
Representatives is based on data collected from the census.
This resolution states that statistics based on data collected
from the census are used for a myriad of public benefit
purposes, including, but not limited to, quality of life issues
and advocacy.
This resolution states that census data that is available is
principally related to same-sex couples.
This resolution states that statistics based on data from the
2000 Census have estimated that approximately 5.87 million
people in the United States are gay or lesbian.
This resolution states that the 2010 census will be the first
census to release a count of both same-sex spouses and same-sex
unmarried partners.
This resolution declares that the census discriminates against
the lesbian, gay, bisexual, and transgender community because it
does not currently include questions regarding sexual
orientation.
This resolution states that if the census were to count members
of the lesbian, gay, bisexual, and transgender community, the
data could be used to appropriately allocate resources and
services to this community just as it does other communities.
This resolution urges the Congress and the President of the
United States to enact legislation to have the 2020 Census
gather data on sexual orientation and gender identity.
COMMENT
1. Stated need for the bill
The author states:
While the 2010 Census will be the first decennial Census to
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count both same-sex spouses and same-sex unmarried partners,
the US Census continues to discriminate against the lesbian,
gay, bisexual, and transgender (LGBT) community as it does not
currently include questions regarding sexual orientation and
gender identity.
If the United States Census were to count the lesbian, gay,
bisexual and transgender community in its Census, the data
gathered could be used to appropriately provide resources and
services to this community just as it does for other
communities.
2. Bill recognizes benefits of accurate Census data
The United States Census counts every resident in the United
States and, pursuant to the U.S. Constitution, is required to
take place every ten years. (art. I, sec. 2.) Census figures
are based on actual counts of persons dwelling in the United
States residential structures, including legal residents and
undocumented immigrants. The data is used to allocate more than
$400 billion in federal funds to communities each year for
services and infrastructure. For example, funds can be
allocated to build hospitals, job training centers, schools,
senior centers, and public works projects. The data collected
by the Census also helps determine the number of seats allocated
to a state in the U.S. House of Representatives. In addition,
census data can also be used to identify trends in voting, and
to monitor compliance with anti-discrimination statutes. Thus,
an accurate count of residents is not only critical to providing
communities access to the pool of federal funds, but also to
determine whether there are shortcomings in current policies for
specific demographic subgroups.
For example, utilizing the data collected in the 2000 Census,
studies have found that same-sex couples raising children have
significantly fewer economic resources to provide for their
families than do their married counterparts, and significantly
lower rates of home ownership. (The Williams Institute, Census
Snapshot, December 2007, available at
http://www.law.ucla.edu/williamsinstitute/publications/USCensusSn
apshot.pdf ; see also The Williams Institute, Poverty in the LGB
Community, March 2009, available at
http://escholarship.org/uc/item/2509p8r5 .) These studies
demonstrate how census data can be used to better understand the
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needs of demographic subgroups within the nation's population.
The 2010 Census will be the first decennial Census to count both
same-sex unmarried partners and spouses. However, the Census
does not include questions regarding sexual orientation and
gender identity. This resolution recognizes the importance and
benefit of collecting accurate census data and would
accordingly, urge the Congress and the President of the United
States to enact legislation to have the 2020 Census gather data
on sexual orientation and gender identity so that the data could
be used to appropriately allocate resources and services to this
community just as it does other communities.
Support : AIDS Project East Bay; AIDS Service Center;
Diversionary Theatre; Family Health Centers of San Diego;
National Center for Lesbian Rights; Transgender Law Center
Opposition : None Known
HISTORY
Source : Equality California
Related Pending Legislation : None Known
Prior Legislation : AB 26 (Bass, Leno, and Ma) of the 2007
Legislative Session would have expressed the Legislature's
opposition to the decision of the United States Census Bureau to
remove the foster child relationship category from the 2010
United States Census and the American Community Survey, and
would have called on the federal government to recognize the
importance of collecting census information relating to foster
children. This bill was never heard.
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