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By Kent Larsen
Utah Files Lawsuit Over LDS Missionary Census Exclusion
SALT LAKE CITY, UTAH -- The Utah Attorney General's office filed a
lawsuit in US District Court Wednesday morning, alleging that the US
Census Bureau discriminated against LDS missionaries in the 2000
census. According to the complaint and to Bureau statements, the
Bureau excluded LDS missionaries and other US citizens living abroad
in its count while including overseas Federal employees such as
diplomats and military personnel. As a result of this "disparate
treatment," North Carolina was apportioned an additional seat in the
US Congress that would have otherwise gone to Utah.
The complaint asks US District Judge Dee Benson to issue a temporary
restraining order, keeping the US Congress from certifying the count,
a move that would start the process of drawing new congressional
district boundaries in those states where there was a change in the
number of US House seats. Once this process begins, observers
believe, changing the results of the census will be nearly impossible.
Utah alleges that the Census Bureau's decisions were arbitrary. "The
Census Bureau discriminated against LDS missionaries temporarily
living abroad based solely on the identity of the entity that sent
them abroad," says the complaint. Utah Governor Mike Leavitt adds
that there is little substantive difference between missionaries and
US Government personnel, "Missionaries are unique in some respects.
But they are clearly an identifiable group who are serving overseas
for a predetermined time. They are identical to those serving in the
military or civil service overseas." The LDS Church estimates that
there are some 14,000 LDS missionaries from Utah serving overseas.
Before counting overseas government employees, the Census Bureau's
counts of citizens living within the US clearly gave Utah enough
people for a new seat in the US Congress by a margin of nearly
14,000. But when the US Government employees, of which North Carolina
has nearly 15,000 more than Utah, were included, the seat went to
North Carolina by just 856 people. Utah Attorney General Mark
Shurtleff argues that the count should either include or exclude all
US Citizens overseas. "This is arbitrary," said Shurtleff. "Either
count all of them or none of them. Either way, we would have gained
the fourth seat."
But Jay Waite, the assistant director of the decennial census, sees
the issue differently. Sensitive to possible charges that the Bureau
is inconsistent and inaccurate in its counts, Waite, a former Utahn,
LDS Church member and returned LDS missionary, claims that it is
simply too difficult to get an accurate count of non-US government
personnel living overseas. He says the Census Bureau tried to count
these citizens in the 1970 census, but "we found it to be a miserable
failure."
Indeed, the Bureau has been inconsistent with counting citizens
overseas. According to Thomas Lee, a BYU constitutional law professor
retained as legal counsel for Utah on the issue, LDS missionaries
were counted in previous censuses, including those in the 1920s and
1930s. More recently, the Bureau counted US government personnel in
the 1970 census, bowing to public pressure to include military
personnel serving in Vietnam. But the Bureau didn't include military
personnel in the 1980 census, and then did again in 1990, once again
bowing to outside pressure.
But Waite also observes that if the count were widened to include all
US citizens living abroad, it would have to include a lot more than
missionaries, "Most of the people who are working overseas for a
private company would say the same thing," he said. "There's nothing
wrong with counting missionaries, but we need to be fair and
consistent." Given that these citizens could be citizens of every US
state, the changes could ripple through the entire count, and Utah
might still end up without the seat.
Waite admits that he personally made the decision to include US
government employees overseas, but says that the effect on LDS or
other missionaries was never considered. "You can imagine my fear and
trepidation when I found out this process had cost Utah a seat . . .
That's where my heart still is. Having been a missionary myself, I
have some sympathy for the missionary program."
North Carolina's Attorney General, Roy Cooper, has also weighed in on
the issue, saying that his state will defend the seat awarded to the
state. "We'll look for every way to protect our new congressional
seat," he said. "We believe the courts will uphold the Census
Bureau's calculations. The rules were set before the census was taken
and should not be changed at this late date." And even Utah
politicians admit that the lawsuit's chances may be slim, "It's a
long shot," said Utah Senator Bob Bennett, who, along with Utah's
four other representatives in the national legislature, signed on to
the lawsuit. "But when the final tally is less than 900, and you're
talking about over 10,000 people out there, you obviously have to go
after it."
Meanwhile, the clerk of the US House, Jeff Trandahl, has agreed to
delay certification of the count until next Thursday, allowing the
state time to make its argument for a temporary restraining order
before Judge Benson as scheduled at 2 pm next Wednesday.
Sources:
Utah Gains Delay in Census Suit
Salt Lake Tribune 11Jan01 T1
By Joe Baird: Salt Lake Tribune
Utah challenges census
Deseret News 10Jan01 T2
By Dennis Romboy: Deseret News staff writer
Complaint decries exclusion of missionaries from count
Utah demands a census recount
St Louis MO Post (AP) 10Jan01 T1
By Paul Foy: Associated Press Writer
Ex-Utahn defends decision by bureau that cost state seat
Deseret News 10Jan01 T2
y Elyse Hayes: Deseret News staff writer
Web extra: House holding off on 2000 Census
Deseret News 11Jan01 T1
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