Sexual Orientation, Gender Identity and Expression (SOGIE)

This section of the handbook provides guidance on the implementation of Assembly Bill (AB) 959: Lesbian, Gay, Bisexual and Trans-gender Disparities Reduction Act and Senate Bill (SB) 179: Gender Recognition Act. AB 959 and SB 179 require California counties to request voluntary self-identification data on SOGI. For CAPI, counties are authorized to collect SOGIE information under WIC Section 18940 and the federal laws that govern the SSI/SSP program. Per Santa Clara County Board Policy 3.71 Gender Inclusive Language, the policy ensures that gender inclusive language using gender-neutral terminology shall be used in official documents and communications.

Demographic information collected by counties is used to understand and improve public services. Information from other sources indicate that members of the LGBTQ communities experience higher rates of poverty, health and mental health issues. Accurate data informs policy and practice, helps to build a system-wide response that affirms and supports people of all SOGIE identities, identifies SOGIE-related needs and gaps in services, measures the accessibility of services for LGBTQ+ community, and informs individualized case plans. Therefore, data collection from LGBTQ+ individuals is crucial to making policy decisions and addressing the unique needs and barriers of these communities. SOGIE data is required to be requested by the county when demographic information is collected. The data collected by the county is provided to the CDSS and made available to the public in accordance with state and federal law. SOGIE may also be referred to as Sexual Orientation and Gender Identity (SOGI).

CalWORKs, RCA/ECA, TCVAP and CalFresh

EWs must give the primary caretaker relatives (including minor parents/caretaker relatives) an opportunity to complete the Demographic Questionnaire for CalWORKs, RCA, ECA, TCVAP and CalFresh Programs form (CW 2223) at intake and/or redetermination/recertification (RD/RC). The responses from applicants/recipients are completely voluntary and unrelated to the verification requirements for aid. This information is only used by the county for civil rights statistical purposes.

CAPI

EWs must ask the CAPI applicant all questions related to gender and sexual orientation included in the latest revision of the Statement of Facts CAPI (SOC 814). Answers to these questions are completely voluntary. However, any answers provided must be entered in the Optional Gender Identity and Sexual Orientation Information section of the Individual Demographics Detail page of CalSAWS.

Note: At this time, CDSS does not require these questions to be asked during CAPI redeterminations. However, the Optional Gender Identity and Sexual Orientation Information may be revised per client’s request.

Medi-Cal

Medi-Cal applicants and recipients who self declare their SOGIE preference must have their demographic details updated in the CalSAWS Optional Gender Identity and Sexual Orientation section of the Individual Demographics Detail page. This page allows staff to collect and store information in data fields for Gender Identity, Birth Certificate Gender (sex recorded in their Social Security record), and Sexual Orientation. SOGIE details do not impact the Medi-Cal program eligibility and the CalSAWS entries are only intended to capture the individual's declaration.

Important: Please ensure that clients are aware of the risk of potentially losing Medi-Cal coverage if they have not updated their gender marker information with the Social Security Administration first. Updating gender markers with SSA DEBS systems (CalSAWS/MEDS) prior to the Social Security Administration can cause a data mismatch and lead to eligibility errors.

SOGIE Sensitivity and Best Practices

Individuals may be hesitant when providing responses to SOGIE questions due to concerns about confidentiality, prejudice, and discrimination. All individuals have a SOGIE. For these reasons, all primary caretaker relatives (including minor parents/caretaker relatives) shall complete their own CW 2223 or SOC 814 forms when possible, unless they request assistance.

Additionally, asking for someone's pronouns is considered part of SOGIE as it is a key way individuals express their gender identity and how they want to be addressed, which falls under the "Gender Expression" aspect of SOGIE.

SOGIE data is to be collected:

At minimum, on all clients 12 years of age and older, and sometimes younger based on program design;
Directly from the clients themselves;
Upon referral and updated annually or more frequently, when necessary.

Staff will:

Respect the individual's right to confidentiality, as SOGIE data is confidential personal information;
Inform all clients about who has access to their records (may include guardians, other service providers, insurance, etc.);
Explain to all clients why SOGIE data is collected and that they can decline to answer any question;
Never make assumptions about an individual's SOGIE and only record answers as stated by the individual; and,
Ask SOGIE questions in a safe and confidential setting.

Gender Neutral Designations and Pronouns

The pronouns a person uses are a direct way they communicate their gender identity and how they prefer to be referred to, making them a crucial element of gender expression. When asking questions, staff must use gender neutral language (i.e., they/them/their(s)) to prevent misgendering an individual and provide an opportunity for clients to offer their pronouns.

Ask: "What pronouns do you use?"

Some commonly used pronouns are:

He/him/his
She/her/hers
They/them/their(s)
Name only
Another pronoun set (write-in option)
Prefer not to answer

Ask for pronouns during initial interactions. If pronouns have been shared, ask for consent to document them in a CalSAWS Case Journal so that relevant staff are informed. Some examples are as follows:

Instead of: "How can I help you sir/ma'am?"
Say: "How can I help you?"

Instead of: "Can you provide information about your wife/husband?"
Say: "Can you provide information about your partner/spouse?"

Instead of: "Is she employed?" Can you tell me about her income?"
Say: "Are they employed? Can you tell me about their income?"

For additional information on SOGIE sensitivity and best practices, refer to the Santa Clara County TransCare Resources webpage.

CalSAWS Entries for the CW 2223 and SOC 814 Forms

The following table provides a comparison of the CalSAWS questions and responses on the CW 2223 form (left column), SOC 814 form (right column) and the questions and responses in CalSAWS (middle column).

Questions from CW 2223	CalSAWS Entries	Questions from SOC 814 (CAPI only)
What sex was listed on your original birth certificate? Please check one:	Birth Certificate Gender	What sex was listed on your original birth certificate? Please check one:
Female	Female	Female
Male	Male	Male
Decline to State	Document in the Case Journal Detail Select Journal Type - Narrative.	Decline to State

What is your gender identity? Please check one that best describes your gender identity:	Gender Identity	How do you identify your gender identity? Please check one:
Another gender identity	Another gender identity	Another gender identity
Female	Female	Female
Male	Male	Male
Non-Binary	Non-Binary (neither male nor female)	Non-Binary (neither male nor female)
Trans-gender Male	Transgender: Female to Male	Trans-gender: Female to Male
Trans-gender Female	Transgender: Male to Female	Trans-gender: Male to Female
Decline to state	Document in the Case Journal Detail. Select Journal Type - Narrative.	Decline to state

What is your sexual orientation? Please check one that best describes your sexual orientation:	Sexual Orientation	How do you identify your sexual orientation? Please check one:
Another sexual orientation	Another sexual orientation	Another sexual orientation
Bisexual	Bisexual	Bisexual
Gay or lesbian	Gay or lesbian	Gay or lesbian
Queer	Queer	Queer
Straight or heterosexual	Straight or heterosexual	Straight or heterosexual
Unknown	Unknown	Unknown
Decline to state	Document in the Case Journal Detail. Select Journal Type - Narrative.	Decline to state

Sexual Orientation, Gender Identity and Expression (SOGIE) Definitions and Terminology

Many of the terms below are from the organization PFLAG National Glossary of Terms. Additional related terms and information may be accessed at the https://www.pflag.org/glossary. Additional terms were provided by the County of Santa Clara Office of LGBTQ Affairs.

Bisexual: Refers to an individual who has the capacity for attraction—sexually, romantically, emotionally, or otherwise—to people with the same, and to people with a different, gender and/or gender identity as themselves. People who identify as bisexual need not have had equal experience- or equal levels of attraction- with people across genders, nor any experience at all: it is merely attraction and self-identification that determine orientation. Bisexuality, as it is frequently used today, can act as an umbrella term that encapsulates many identities such as pansexual. Sometimes referred to as bi or bi+.

Gay: The adjective used to describe people who are emotionally, romantically, and/or physically attracted to people of the same gender (e.g., gay man, gay people). In contemporary contexts, lesbian is often a preferred term for women, though many women use the term gay to describe themselves. People who are gay need not have had any sexual experience; it is the attraction and self-identification that determine orientation.

Gender Diverse: Gender diverse describes a peron whose gender does not fit into binary gender definitions. This can include people whose identity falls outside of binary gender categories, people whose identity fluctuates between binaries, and people who reject conventional gender expectations. Some gender diverse people describe themselves as "nonbinary," "gender queer," "gender fluid," or "gender diverse."

Gender Expression: Someone's self-presentation, such as their external appearance (e.g., clothing, hairstyle, etc.), mannerisms, and interests - which can be deemed "feminine," "masculine," or both, according to society. Gender expression can change over time and in different contexts, and it does not always match societal expectations for someone's sex assigned at birth or gender identity.

Gender Identity: One’s deeply held core sense of being a girl/woman, boy/man, some of both, or neither. One’s gender identity does not always correspond to sex assigned at birth. Awareness of gender identity is usually experienced as early as 18 months old.

Gender Neutral/Gender Inclusive Language: A term that describes language that is not segregated by sex or gender. (i.e. partner/spouse instead of husband/wife).

Gender Pronouns: A gender pronoun, or PGP—sometimes called proper gender pronoun—is the pronoun or set of pronouns that an individual personally uses and would like others to use when talking to or about that individual. In English, the singular pronouns that we use most frequently are gendered (such as he/his or she/hers), so some individuals may prefer that you use gender neutral or gender-inclusive pronouns when talking to or about them. In English, individuals use "they" and "their" as gender-neutral singular pronouns. Others use ze (sometimes spelled zie) and hir, or the pronouns xe and xer.

Intersex: Also known as "intersex variations," is a term that describes an assortment of variations for a person that the medical community decided is not standard to be defined as “male” or “female” due to physical, chromosomal, hormonal, and/or reproductive differences. People assigned intersex at birth (usually due to intersex genitalia or other intersex variations) used to be called “hermaphrodite”; however, that term is dated and derogatory.

Lesbian: Refers to a woman who is emotionally, romantically, and/or physically attracted to other women. People who are lesbians need not have had any sexual experience; it is the self-identification that helps determine orientation.

Nonbinary: Refers to individuals who identify as neither man or woman, both man and woman, or a combination of man or woman or another gender. It is an identity term which some use exclusively, while others may use it interchangeably with terms like gender queer, gender creative, gender noncomforming, gender diverse, or gender expansive. Individuals who identify as nonbinary may understand the identity as falling under the trans-gender umbrella, and may thus identify as trans-gender. Sometimes abbreviated as NB.

Queer: A term used by some people—particularly youth—to describe themselves and/or their community. Reclaimed from its earlier negative use, the term is valued by some for its defiance, by some because it can be inclusive of the entire community, and by others who find it to be an appropriate term to describe their more fluid identities. Traditionally a negative or pejorative term for people who are gay, queer is still sometimes disliked within the LGBTQ community. Due to its varying meanings, this word should only be used when self-identifying or quoting someone who self-identifies as queer (i.e. “My cousin identifies as queer”).

Sex Assigned at Birth: Refers to anatomical, physiological, genetic, or physical attributes that define if a person is male, female, or intersex. These include both primary and secondary sex characteristics, including genitalia, gonads, hormone levels, hormone receptors, chromosomes, and genes. Sex is often conflated or interchanged with gender, which is more social than biological, though there can be some overlap. Not part of SOGIE.

Sexual Orientation: Emotional, romantic, or sexual feelings toward other people. While sexual behavior involves the choices one makes in acting on one’s sexual orientation, sexual orientation is part of the human condition, One’s sexual activity does not define one’s sexual orientation; typically, it is the self-identification that helps determine orientation.

Transgender: Often shortened to trans. A term describing a person’s gender identity that does not align with their assigned sex at birth. Other terms commonly used are female to male (or FTM), male to female (or MTF), assigned male at birth (or AMAB), assigned female at birth (or AFAB), gender queer, and gender expansive. Transgender people may or may not decide to alter their bodies hormonally and/or surgically to match their gender identity. This word is also used as a broad umbrella term to describe those who transcend conventional expectations of gender identity or expression. Like any umbrella term, many different groups of people with different histories and experiences are often included within the greater transgender community—such groups include, but are certainly not limited to, people who identify as transsexual, gender queer, gender variant, gender diverse, and androgynous.