By Luis Vasquez, Senior Legal Writer, Human Rights Campaign
Whether as renters or homebuyers, LGBTQ+ people are often subjected to discrimination and harassment because of their sexual orientation and gender identity. Despite HUD maintaining legal protections and accepting complaints alleging that such conduct violates the Fair Housing Act, these incidents continue around the country and can impact the ability of LGBTQ+ people to remain in stable housing. In fact, HUD data from 2022 showed that a greater number of transgender individuals experiencing homelessness were living without shelter, surpassing the combined total of those living in emergency shelters or transitional housing.
To fully understand the prevalence of discrimination and how to address its impacts, there needs to be better collection of data about sexual orientation and gender identity in LGBTQ+ communities. It can sometimes be difficult for individuals to know they are experiencing discrimination even when it occurs. Data collection can help us understand this issue and create solutions that the government can implement nationwide. For instance, a recent study of government data found evidence of widespread discrimination against same-sex couples seeking federally backed mortgage loans, with impacts on approval rates and fees mirroring the sorts of impacts HUD-funded studies have long suggested LGBTQ+ renters experience.
Earlier this year, a National Science and Technology Council subcommittee published a Federal Evidence Agenda on LGBTQI+ Equity outlining ongoing data needs from the federal government’s perspective, as well as various recommendations. With the help of this new roadmap, agencies like HUD can continue diving deeper into the disparities LGBTQ+ people experience in comparison to their non-LGBTQ+ peers in order to develop interventions mindful of lived experiences and intersecting issues. HUD and other agencies have also been expanding their collection of data on sexual orientation and gender identity consistent with best practices identified over decades of research and testing and recently summarized by the Office of Management and Budget and in a consensus report by a subcommittee of the National Academies of Science, Engineering, and Medicine. We know that data about LGBTQ+ people can be reliably collected by the government, and that efforts are ongoing to make surveys and other instruments even more inclusive through response options and questions reflecting the evolving language used by members of the growing LGBTQ+ population.
The tools and resources on which HUD relies as it expands its data collection, including the landmark American Housing Survey, show clearly that robust privacy protections are critical in ensuring successful, high-quality data collection from LGBTQ+ communities. Fortunately, years of data collection, including in more potentially sensitive settings like congregate shelters, have shown that data can be gathered safely when the right protections and protocols are in place. LGBTQ+ people and others should always have the option to provide—or not provide—data related to their demographic characteristics, like sexual orientation and gender identity. However, the government should be consistent in asking about those characteristics when it surveys other demographics, and LGBTQ+ people and our allies should support these developing efforts to make data more inclusive whenever possible.