SPRIGG: Marriage law doesn't count at Census BureauObama administration scofflaws put personal agenda first
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Here is exactly what DOMA says about the federal government's definition of marriage: "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife."
The Census Bureau is ignoring this law. In a publication in March, the bureau said, "The 2010 Census will be the first to report counts of both same-sex partners and same-sex spouses." But there is no such thing as a "same-sex spouse" under federal law. The publication goes on to say, "Same-sex couples who are married, or consider themselves to be spouses, can identify one other adult as a 'husband or wife.' " However, the Census Bureau is forbidden to refer to same-sex couples as "married" or to identify a same-sex partner as a "husband or wife." The language of DOMA is very explicit on all these points.
Mr. Olson is wrong about "releasing any information about same-sex couples." The 2000 census released very interesting information about same-sex couples - classifying them as "unmarried partners." That's what the Census Bureau should say in its instructions: "Federal law does not recognize same-sex 'marriages,' so same-sex couples must mark the box that says 'unmarried partners.' "
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The "new administration" has no power to unilaterally "reverse" statutory law. In fact, it is encouraging LGBT respondents to violate the law. Under the United States Code, anyone who "willfully gives any answer that is false" on the census form can be fined up to $500. While prosecution of same-sex couples who call themselves married is highly unlikely, it is shocking that the Census Bureau is encouraging such behavior - even by people who are not legally married anywhere but merely "consider themselves to be spouses."
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Peter Sprigg is a senior fellow for policy studies at the Family Research Council.