Federal Data Users

The Justice Department has removed questions about gender identity from the National Crime Victimization Survey, the Survey on Sexual Victimization, and the Survey of Inmates in Local Jails.

https://theappeal.org/trump-doj-erases-trans-people-from-crime-data-surveys/

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Mark Mather
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Does anyone know if any of these changes went through the PRA public comment process? They certainly seem like substantive changes and I cannot find any federal register notices describing revisions to the instruments.

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Beth Jarosz

Original Message:
Sent: 05-09-2025 11:42 AM
From: Mark Mather
Subject: BJS removes SOGI questions from at least 4 surveys

The Justice Department has removed questions about gender identity from the National Crime Victimization Survey, the Survey on Sexual Victimization, and the Survey of Inmates in Local Jails.

https://theappeal.org/trump-doj-erases-trans-people-from-crime-data-surveys/

------------------------------
Mark Mather
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They have not!  "Substantive" is pretty subjective, but generally federal agencies have approached changes to demographic questions on surveys as "nonsubtantive," arguing that those changes aren't central to the purpose of the data collection. I do think that's a tough argument to make with the National Crime Victimization Survey, though, because the Hate Crimes Statistics Act explicitly requires DOJ to collect and disseminate statistics on hate crimes and the statute specifically mentions gender identity.  That said, treatment of demographic questions as "nonsubstantive" has been helpful at times in the past because it has allowed agencies to add questions on sexual orientation, gender identity, and disability, and to expand questions on race and ethnicity without a protracted clearance process.

Does anyone know if any of these changes went through the PRA public comment process? They certainly seem like substantive changes and I cannot find any federal register notices describing revisions to the instruments.

------------------------------
Beth Jarosz

Original Message:
Sent: 05-09-2025 11:42 AM
From: Mark Mather
Subject: BJS removes SOGI questions from at least 4 surveys

The Justice Department has removed questions about gender identity from the National Crime Victimization Survey, the Survey on Sexual Victimization, and the Survey of Inmates in Local Jails.

https://theappeal.org/trump-doj-erases-trans-people-from-crime-data-surveys/

------------------------------
Mark Mather
------------------------------

Thanks, All. Very helpful. We're looking to include this in our update page (https://bit.ly/FedStatMonitoring) and want to include others that we haven't covered. Does anyone know of other documentation for the other statistical agencies that have removed SOGI references and questions from their questionnaires? The Appeal article points to a Mike Schneider AP article citing a Census request to OMB but I'm not finding the FRN notice that mentions gender or identity for that time period or for the household pulse survey. When I search federalregister.gov for "Census Bureau gender identity", I find notice of its removal from ABS: https://www.federalregister.gov/documents/2025/03/31/2025-05463/agency-information-collection-activities-submission-to-the-office-of-management-and-budget-omb-for. 

Thanks,

Steve

They have not!  "Substantive" is pretty subjective, but generally federal agencies have approached changes to demographic questions on surveys as "nonsubtantive," arguing that those changes aren't central to the purpose of the data collection. I do think that's a tough argument to make with the National Crime Victimization Survey, though, because the Hate Crimes Statistics Act explicitly requires DOJ to collect and disseminate statistics on hate crimes and the statute specifically mentions gender identity.  That said, treatment of demographic questions as "nonsubstantive" has been helpful at times in the past because it has allowed agencies to add questions on sexual orientation, gender identity, and disability, and to expand questions on race and ethnicity without a protracted clearance process.

Does anyone know if any of these changes went through the PRA public comment process? They certainly seem like substantive changes and I cannot find any federal register notices describing revisions to the instruments.

------------------------------
Beth Jarosz

Original Message:
Sent: 05-09-2025 11:42 AM
From: Mark Mather
Subject: BJS removes SOGI questions from at least 4 surveys

The Justice Department has removed questions about gender identity from the National Crime Victimization Survey, the Survey on Sexual Victimization, and the Survey of Inmates in Local Jails.

https://theappeal.org/trump-doj-erases-trans-people-from-crime-data-surveys/

------------------------------
Mark Mather
------------------------------

Hi Steve, 

MAP, Whitman-Walker, the Williams Institute, and Meghan Maury have been tracking the speedy removal of gender identity measures from federal surveys (as well as administrative forms) since January 2025. This includes large surveys like Household Pulse, National Crime Victimization Survey, National Health Interview Survey, YRBSS, and BRFSS.

There have been many, many removals - and as Meghan shared - most under the guise of "non-substantive" so they are visible through the IRC documents on the reg.info website. For example, you can see docs here related to the removal of gender identity questions from the National Household Food Acquisition and Purchase Study (FoodAPS) Pilot Test. 

What type of documentation would be most useful to you?  What's the best way to get that to you? 
Naomi

Naomi Goldberg

Executive Director, Movement Advancement Project

Thanks, All. Very helpful. We're looking to include this in our update page (https://bit.ly/FedStatMonitoring) and want to include others that we haven't covered. Does anyone know of other documentation for the other statistical agencies that have removed SOGI references and questions from their questionnaires? The Appeal article points to a Mike Schneider AP article citing a Census request to OMB but I'm not finding the FRN notice that mentions gender or identity for that time period or for the household pulse survey. When I search federalregister.gov for "Census Bureau gender identity", I find notice of its removal from ABS: https://www.federalregister.gov/documents/2025/03/31/2025-05463/agency-information-collection-activities-submission-to-the-office-of-management-and-budget-omb-for. 

Thanks,

Steve

They have not!  "Substantive" is pretty subjective, but generally federal agencies have approached changes to demographic questions on surveys as "nonsubtantive," arguing that those changes aren't central to the purpose of the data collection. I do think that's a tough argument to make with the National Crime Victimization Survey, though, because the Hate Crimes Statistics Act explicitly requires DOJ to collect and disseminate statistics on hate crimes and the statute specifically mentions gender identity.  That said, treatment of demographic questions as "nonsubstantive" has been helpful at times in the past because it has allowed agencies to add questions on sexual orientation, gender identity, and disability, and to expand questions on race and ethnicity without a protracted clearance process.

Does anyone know if any of these changes went through the PRA public comment process? They certainly seem like substantive changes and I cannot find any federal register notices describing revisions to the instruments.

------------------------------
Beth Jarosz

Original Message:
Sent: 05-09-2025 11:42 AM
From: Mark Mather
Subject: BJS removes SOGI questions from at least 4 surveys

The Justice Department has removed questions about gender identity from the National Crime Victimization Survey, the Survey on Sexual Victimization, and the Survey of Inmates in Local Jails.

https://theappeal.org/trump-doj-erases-trans-people-from-crime-data-surveys/

------------------------------
Mark Mather
------------------------------