Gay Marriages Won't Count In 2010 Census

WASHINGTON — Same-sex marriage is legal in two states, but not a single one will show up in the 2010 census.

The Census Bureau says the federal Defense of Marriage Act bars the agency from recognizing gay marriages in the nation's 10-year count, even though the marriages are legal in Massachusetts and California.

The agency's director, Steven Murdock, said in an interview Thursday that the 1996 federal law "has that effect, in terms of being a federal agency. We are restricted by it."

The Census Bureau does not ask people about their sexual orientation, but it does ask about their relationships to the head of the household. Many gay couples are listed in census figures as unmarried, same-sex partners, though it is an imperfect tally of all gay couples.

Murdock said the bureau will strive to count same-sex couples in the 2010 census, just as it has in the past. But those people who say they are married will be reclassified as unmarried, same-sex partners.

Same-sex couples with no children will not be classified as families, according the bureau's policy. Those with children who are related to the head of the household will be classified as families.

Gay rights advocates complained that the Census Bureau is depriving them of a hard-fought legal recognition.

"To completely whitewash us out of existence is hurtful, discriminatory and shameful," said Molly McKay of Marriage Equality USA, a California-based group that advocates for same-sex marriage. "It's like the federal government is trying to say that we don't exist."

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McKay said an accurate count of same-sex married couples would help policymakers determine the costs of providing benefits.

McKay, 38, said she plans to marry her partner of 12 years on Sept. 1, now that they are legally able to marry in California. She said they consider themselves "an old married couple," even if the government doesn't.

"This is a very sweet moment in our life. It really is an absolutely joyous time," McKay said. "The notion that the federal government is going to come in and erase our existence is un-American."

The Census Bureau is required by the Constitution to conduct a comprehensive count of the nation's residents every 10 years. Every question is either mandated by federal law or used to administer a federal program, Murdock said.

Same-sex marriage was not an issue in the 2000 census because it wasn't legal in any state. The Census Bureau's policy on same-sex marriages was first reported in the San Jose (Calif.) Mercury News.

The bureau relies almost entirely on people's responses to classify them by race, ethnicity, age and income. But not marital status _ at least not in 2010.

"It really should be what you say you are, not what I perceive you to be," Murdock said. But, the agency director added, "We have some limitations. This particular act limits us in regards to this issue."

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On The Net:

Census Bureau: http://www.census.gov

Comments

[RTIII]

There are only two courses to take: Repeal / fix the law or challenge it in court.
.

[ReasonIsMyReligion]

Third: Executive order / after-the-fact quasi "signing statement."

[FritzKojack]

Why should the federal government recognize a make-believe institution? I'm sure there are millions of illegal imigrants who like to pretend they're citizens, but it doesn't allow them to be counted as such in the US census. There's no difference; it's just playing make-believe.

-Fritz

[ReasonIsMyReligion]

You missed a chance to throw two housepets being married, or a human and a canary, on the dogpile.

[BobSF94117]

See, all you folks who opposed same-sex marriage, you had nothing to worry about! No gay people actually got married. You can put away your banners and stop phoning your congresscritters. No need to keep wasting time trying to stop something that no one is interested in doing...

[ReasonIsMyReligion]

Note that Bill Clinton signed this bill into law. It wouldn't have mattered if he hadn't signed it, or vetoed it -- the majorities in BOTH houses were veto-proof.

Obama needs to remove it, but that would take a majority in both houses, and quick action.

[JackND]

If they're following the law, then they're following the law.

The solution here isn't complaining to the Census Bureau, it's getting President Obama and the overwhelmingly Democratic Congress to repeal the Defense of Marriage Act before April 1, 2010.

If so, problem solved.

If not, blame President Obama and Congress for this trangression, not the Census Bureau.

[joeyp404]

Neither candidate suuports gay marriage. Your saviour is the defender of the status quo.

[JackND]

My last sentence would seem to cover that.

[JohnFromCensornati]

Exactly.
I won't hold my breath.

[ObamaEdwards]

Come on, America! Get over it. Gay people are not coming to your home to seduce your children, or to give you that funny feeling you got in gym class, or to undermine your so-called family values. Some of your co-workers and children and aunts and cousins and neighbors and parents and classmates ARE GAY. And no matter what you believe, it won't change anything. People are what they are. Come to terms. We'll all be happier for it.

[YellowDogInRedCounty]

Yet another reason why "separate but equal" is not equal. If they can get us gays to accept something "like" marriage but not exactly the same, they will use that to undercount us and this is not a trivial issue. If they can undercount us, then they can dismiss our concerns more easily than they already do.

[hoopesaz]

The issue here is simply that gay marriage is not recognized at the federal level yet. This is a federal census. It stands to reason that they would only count and categorize those things they legally recognize.

[Grunty1]

Fix this. There is no reason to pretend that homosexual people are not among us, despite how much they scare the right wing.