EDGAR MORALES, et al., Plaintiffs, vs. WILLIAM M. DALEY, Secretary of Commerce, et al., Defendants.
CIVIL ACTION NO. H-00-1010
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION
116 F. Supp. 2d 801; 2000 U.S. Dist. LEXIS 17524
June 7, 2000, Decided
June 7, 2000, Entered
The parties cross-moved for summary judgment on plaintiffs' allegations that their U.S. Const. amends. V, XIV, rights were violated because defendant Department of Commerce could not demonstrate a legitimate justification for certain census questions.
Plaintiffs alleged violations of U.S. Const. amends. V, XIV, rights due to questions asked on consensus forms. Plaintiffs argued that defendant Department of Commerce could not demonstrate a legitimate justification for census questions beyond those pertaining to the sole constitutional purpose of the census, mandated by U.S. Const. art. I, § 2, cl. 3. Plaintiffs argued that the imposition of race, ethnicity, legitimacy, sexual preference, and alienage questions, and an additional question for Hispanic persons, violated the equal protection guarantees. However, plaintiffs did not establish that the data was likely to be used to discriminate against them specifically. The degree to which the census questions intruded upon an individual's privacy was limited, given the methods used to collect the data and the statutory assurance that the answers and attribution to an individual would remain confidential. The degree to which information was needed for promotion of legitimate governmental interests was significant.
Plaintiffs' motion for summary judgment was denied and defendants' motion for summary judgment was granted. Plaintiffs' case was dismissed with prejudice. The census questions did not violate plaintiffs' constitutional rights where intrusion upon privacy was limited, given methods used to collect data and statutory assurance that answers and attribution to individual would be confidential.