Laws

United States of America

OREGON

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Bullying
  Civil Unions
Custody of Children
Discrimination
Estates, Inheritance
Fostering Children
Gender Identity
Harassment
  Hate Crimes
Health, Medical
HIV/Aids
Homosexuality
Inheritance
In Vitro Fertilisation (IVF)
Marriage
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

Basic Rights Oregon: Know Your Rights PDF 1.28MB, 02 DEC 10

Please read the Disclaimer

Aging, Bioethics, Health, MedicalLegislation/Cases/References
1.

State

On 18 May 2015, Governor Kate Brown signed Bill HB2307 into law banning 'gay conversion therapy'. On 07 May the state Senate passed the Bill by a vote of 21-8 (1 non-voting) [R1.3].

On 17 March 2015, the House passed 41-18 (1 excused) Bill HB2307 that would make unlawful a therapy that purports to change the sexual orientation or gender identity of young people under 18. The Bill has been transferred to the Senate and referred to the Committee on Human Service and Early Childhood [R1.2].

On 14 August 2014, the Health Evidence Review Commission decided that a full range of state medical coverage for low-income transgender people will be offered for the first time starting early next year. The coverage will include cross-sex hormone therapy and gender reassignment surgery [R1.1].

R1.3 GayStarNews: Oregon's bisexual governor bans 'gay conversion therapy' 20 MAY 15
R1.2 EdgeMediaNetwork: Oregon House Approves Bill Banning Gay Conversion Therapy 18 MAR 15
R1.1 TheOregonian: Oregon adds transgender procedures to Oregon Health Plan 14 AUG 14
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
1.

Courts & Tribunals

On 13 May 2015, Judge Dan Brunch in the Court of Appeals ruled that artificial insemination does not automatically make lesbian registered same-sex partner Lorrena Madrone a parent just because her partner Karah Gretchen Madrone gives birth to the child R and approves it, concluding that lawful parentage 'applies to unmarried same-sex couples who have a child through artificial insemination if the partner of the biological parent consented to the insemination and the couple would have chosen to marry had that choice been available to them' [C1.4], [R1.3].

On July 15, 2009, the Court of Appeals ruled in the case of Shineovich and Kemp that the statute which concerns artificial insemination, ORS 109.243, violates Article I, Section 20, of the Oregon constitution, and that its protections should be expanded to include legal parenthood by operation of law for the domestic partner of a woman who conceives a child by artificial insemination. [C1.2], [R1.1].

C1.4 Opinion: In the Matter of the Registered Domestic Partnership of Karah Gretchen Madrone and Lorrena Thompson Madrone 271 Or App 116 [2015] PDF 119.06kb, 13 MAY 15
R1.3 NewYorkDailyNews: Oregon denies lesbian parental rights to ex-loverís child 15 MAY 15
C1.2 Shineovich v. Kemp, Multnomah County, Case Number 0703-63564, 15 JUL 09
R1.1 The Oregon Divorce Blog: New Case Law – Paternity 22 JUL 09
Children: Access, Custody, Visitation Legislation/Cases/References
1.

Courts & Tribunals

On 31 March 2011, Circuit Judge Katherine Tennyson found in a letter ruling that Sondra Shineovich and Sarah Kemp were a "same-sex couple" and thus as Shineovich had consented to donor insemination of Kemp while they were a couple, she has the status of a parent of the resulting children, and can seek custody and/or visitation on the basis of legal parental status [C1.2], [R1.1].

C1.2 Shineovich v. Kemp, Multnomah County, Case Number 0703-63564
R1.1 Lesbian/Gay Law Notes: Oregon Court Finds Same-Sex Lesbian Partner to be a Parent PDF 433.08kb, MAY 11
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

State

In February 2008, the law on registered partners offering same-sex partners most or all rights of marriage was introduced [L1.2], [R1.1].

2.

County

On 19 May 2014, following the 19 May District Court Ruling (see MARRIAGE), Multnomah County Assessor Randy Walruff said the county will continue offering domestic partnerships for couples who do not wish to get married [R2.1].

3.

Cities & Towns

In February 2003, the Eugene domestic partner registry for same-sex couples and unmarried heterosexuals opened [R3.4].

The registry is open to unmarried couples at least 18 years old who live together and who indicate that they are each other's sole partner and intend to remain so indefinitely. Couples do not have to live in Eugene to sign the registry, and the registry would not require any person, business or agency to recognize the relationship. Cost is $50.

A sample of the city's domestic partner registry application form is at www.ci.eugene.or.us\Cityreco\.

At least six municipalities offer domestic partnership benefits


In 2002, Portland established a domestic partnership registry allowing couples who are at least 18 years old, unmarried and living as a family and who are not be related by blood kinship, to register and obtain a certificate recognizing their relationship [R3.3].

In February 2002, gay and lesbian partners of Portland police and firefighters became eligible to collect pension benefits, should their partners be killed in the line of duty, under a city ordinance [R3.2].


In October 1999, Ashland became the first city in the state to officially recognize gay and lesbian couples [R3.1].

4.

Courts & Tribunals

In July 2011, Chief Judge Anne Aiken of the US District Court for the District of Oregon ruled the denial of health care benefits to the same-sex partner of Margaret Fonberg, a US District of Oregon court employee constitutes unlawful sex discrimination [C4.3], [R4.2].

In August 2008, the ninth US circuit court of appeals rejected a lawsuit challenging the state's domestic-partnership laws, which were enacted in February [R4.1].

L1.2 Oregon Family Fairness Act [2007 c.99 §1], ORS 106.300 to 106.340
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R2.1 OregonLive: Gay marriage in Oregon: Licenses granted in 2004 no longer valid 19 MAY 14
R3.4 Eugene Register-Guard: Eugene City Beat: Eugene starts couples sign-up 03 FEB 03
R3.3 Daily Emerald: City Hears Testimony on Human Rights Law 15 OCT 02
R3.2 The Oregonian: Gay Partners of Police, Firefighters Will Get Benefits 14 FEB 02
R3.1 Associated Press: Ashland to Officially Recognize Gay and Lesbian Couples 06 OCT 99
C4.3 US District Court: Margaret Fonberg v. US District Court for the District of Oregon – Opinion and Order PDF 797.5kb, 08 JUL 11
R4.2 Stoel Rives: Denial of Federal Benefits for Same-sex Couple Ruled Unlawful Discrimination 25 JUL 11
R4.1 The Advocate: Oregon Court Rejects Suit Against Domestic Partnerships 20 AUG 08
See also: Basic Rights Oregon: Domestic Partners Resource Guide PDF 522.27kb, 25 FEB 08
Discrimination, Anti-Retaliation Legislation/Cases/Documents/References
1.

State

Oregon Revised Statutes. Chapter 659A – Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement [L1.4].

Under the above legislation it is unlawful to discriminate on the ground of "sexual orientation" in employment (659A.030), public accommodation (659A.403), in selling, renting or leasing real property (659A.421) and in administrative actions (659A.805)

Oregon Revised Statutes. Chapter 174 – Construction of Statutes; General Definitions [L1.3] provides –

174.100 (6) "Sexual orientation" means an individual's actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individualís gender identity, appearance, expression or behavior differs from that traditionally associated with the individual's sex at birth.

Previously:

In 2008, under the Equality Act discrimination in employment on the basis of sexual orientation and gender identity was made unlawful [R1.2].

State law prohibited employment discrimination based on race, religion, color, gender, national origin, marital status, age and disability but not sexual orientation [R2.2].


On 19 December 2012, the Department of Consumer and Business Services Insurance Division announced guidelines that specifically prohibit health care providers from discriminating against a policy holder based on their actual or perceived gender identity and expression and prohibit insurance companies from denying coverage of a particular treatment simply because the policy holder is trans [R1.1].

2.

Cities, Towns & Counties

Discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodation is unlawful in Beaverton, Bend, Benton County, Eugene, Hillsboro, Lake Oswego, Portland/Multnomah County, Salem, Lincoln City, Corvallis and Wasco County [R2.4].


In February 2003, couples on the Eugene domestic partner registry were protected by the city against housing and public accommodation discrimination [R2.3].


In October 2003, the Lake Oswego City Council antidiscrimination ordinance makes discrimination unlawful in public and private workplaces, places of accommodation such as restaurants, and housing [R2.2].


In December 2000, the City of Portland City Council voted unanimously to add "gender identity" as a category protected from discrimination in employment, housing, and public accommodations under the city's Civil Rights Ordinance [R2.1].


The Cities of Salem and Corvallis have anti-discrimination ordinances that protects the rights of gays and lesbians as does Multnomah and Benton counties [R2.2].

3.

Courts & Tribunals

On 02 March 2017, Justices Rebecca Duncan, Joel DeVore and Chris Garrett in the Oregon Court of Appeals heard the Melissa Elaine Klein and Aaron Wayne Klein, Sweet Cakes by Melissa appeal (see [R3.10] to [C3.16] below) [R3.19].

On 23 September 2015, the Court of Appeals affirmed the 2013 order of the Bureau of Labor and Industries that The P-Club pay damages of $400,000 to the 11 aggrieved persons and imposed $5,000 in civil penalties on the bar owner for leaving two voice messages for a member of the Rose City T-Girls, an informal group of transgender customers that frequented the bar every Friday night, telling them to stop visiting the bar [C3.18], [R3.17].

On 27 July 2015, State Labor Commissioner Brad Avakian in the Sweet Cakes by Melissa case denied a request by the Kleins to stay enforcement of the final order [C3.16].

On 17 July 2015, Melissa Elaine Klein and Aaron Wayne Klein as proprietors of Sweet Cakes by Melissa filed an appeal of the BOLI ruling in the Court of Appeals [C3.16 at para 2].

On 02 July 2015, State Labor Commissioner Brad Avakian in the Sweet Cakes by Melissa case made a final order that Aaron and Melissa Klein pay $135,000 to Laurel Bowman-Cryer and Rachel for emotional and mental suffering that resulted from the denial of service [C3.15].

On 21 April 2015, administrative judge Alan McCullough issued a Proposed Order in the Sweet Cakes by Melissa case that assessed $135,000 in damages, awarding $60,000 to Laurel Bowman-Cryer and $75,000 to Rachel for their suffering. The order is not final, and the final amount could be increased or decreased [C3.14].

On 29 January 2015, Bureau of Labour and Industries Adminstrative law Judge Alan McCullough concluded Melissa Elaine Klein and Aaron Wayne Klein as proprietors of Sweet Cakes by Melissa violated state anti-discrimination law by refusing to sell Laurel Bowman and her fiancťe Rachel Cryer a cake for their upcoming wedding. The judge held that although the proprietors are religious, the bakery is not a religious institution under law and therefore not exempt. A damages hearing is set down for 10 March [C3.13], [R3.12].

On 20 January 2014, it was reported that the Bureau of Labor and Industries had found that Sweet Cakes by Melissa had discriminated against Portland couple Rachel Cryer and Laurel Bowman by refusing to make their wedding cake. Both parties must now undergo settlement talks [D3.11], [R3.10].

On 25 November 2013, the executive committee of the 9th Circuit's Judicial Council ordered Margaret "Gosia" Fonberg who was denied health benefits for her domestic partner receive back pay, the Executive Committee finding that the District of Oregon had discriminated against Fonberg based on her sexual orientation by denying benefits that are available to married opposite-sex couples and “same-sex couples in other states in the circuit, who may marry and thus gain benefits under Windsor” [C3.9], [R3.8].

In July 2011, Chief Judge Anne Aiken of the US District Court for the District of Oregon ruled the denial of health care benefits to the same-sex partner of Margaret Fonberg, a US District of Oregon court employee constitutes unlawful sex discrimination [C3.7], [R3.6].

On 10 January 2011, a three-judge panel of the San Francisco-based US 9th Circuit Court of Appeals ruled that a gay employee discharged two days after filing a sexual orientation discrimination complaint may sue for violation of the anti-retaliation provision of the federal Civil Rights Act of 1964, even though that statute does not prohibit employment discrimination based on sexual orientation. The case now goes back to a US district court for trial on the federal anti-retaliation claim and the state sexual orientation harassment claim [C3.5], [R3.4].

In January 2000, the Oregon Court of Appeals upheld a Portland ordinance against discrimination based on sexual preference [R3.3].

In December 1998, the Court of Appeals ruled that the domestic partners of three lesbian employees at Oregon Health Sciences University were entitled to the same benefits given to the spouses of married employees [R3.2].

In August 1996, Judge Stephen Gallagher ordered Oregon to offer health insurance to partners of gay and lesbian State employees, saying the failure to provide identical benefits amounts to discrimination [R3.1].

1. State
L1.4 Oregon Revised Statutes: Chapter 659A – Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement (Accessed 30 JAN 11
L1.3 Oregon Revised Statutes: Chapter 174 – Construction of Statutes; General Definitions (Accessed 30 JAN 11
R1.2 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R1.1 Washington Blade: Oregon bans anti-trans health care discrimination 08 JAN 13
2. Cities & Towns
R2.4 Basic Rights Oregon: Laws in Oregon Municipalities (Accessed 30 JAN 11)
R2.3 Eugene Register-Guard: Eugene City Beat: Eugene starts couples sign-up 03 FEB 03
R2.2 The Oregonian: Lake Oswego extends rights for sexual minority groups 23 OCT 03
R2.1 PlanetOut: Portland Adds Gender Identity Protections 15 DEC 00
3. Courts & Tribnuals
R3.19 OregonLive: Christian bakers take fight over same-sex wedding cake to Oregon appeals court 03 MAR 17
C3.18 Opinion: Blachana, LLC v. Oregon Bureau of Labour and Industires 273 Or App 806 (2015) PDF 88.06kb, 23 SEP 15
R3.17 EdgeMediaNetwork: Banned Transgender Customers to Get $400K From Portland Bar 34 BOLI Orders (2015) PDF 24 SEP 15
C3.16 Order Denying Request to Stay Enforcement: In the Matter of Melissa Elaine Klein, dba Sweet Cakes by Melissa and Aaron Wayne Klein dba Sweet Cakes by Melissa 27 JUL 15
C3.15 Final Order: In the Matter of Melissa Elaine Klein, dba Sweet Cakes by Melissa and Aaron Wayne Klein dba Sweet Cakes by Melissa 31 BOLI Orders 80 (2015) PDF 8.68MB 02 JUL 15
C3.14 Proposed Order: In the Matter of Melissa Elaine Klein, dba Sweet Cakes by Melissa and Aaron Wayne Klein dba Sweet Cakes by Melissa Nos. 44-14 & 45-14 PDF 7.77MB 21 APR 15
C3.13 Interim Order: In the Matter of Melissa Elaine Klein, dba Sweet Cakes by Melissa and Aaron Wayne Klein dba Sweet Cakes by Melissa Nos. 44-14, 44-15 PDF 3.34MB 29 JAN 15
R3.12 KGW.com: Oregon bakery will have to pay same-sex couple up to $150K
D3.11 BOLI Press Release: BOLI finds substantial evidence of unlawful discrimination in bakery civil rights complaint PDF 305.73kb, 17 JAN 14
R3.10 GayStarNews: State finds Oregon bakery discriminated by refusing to make wedding cake for lesbians 20 JAN 14
C3.9 Order: In the Matter of Margaret Fonberg EDR No . 13-002 PDF 69.55kb, 25 NOV 13
R3.8 CourthouseNewsService: Committee Awards Gay Law Clerk Back Pay 25 NOV 13
C3.7 US District Court: Margaret Fonberg v. US District Court for the District of Oregon – Opinion and Order PDF 797.5kb, 08 JUL 11
R3.6 Stoel Rives: Denial of Federal Benefits for Same-sex Couple Ruled Unlawful Discrimination 25 JUL 11
C3.5 US Court of Appeals: Shane Dawson v. Entek International No 09-35844 D.C. No. 08-cv-06151-AA, 10 January 2011
R3.4 Gay City News: US Court OKs Retaliation Suit 28 JAN 11
R3.3 Associated Press: Court Upholds Portland Gay Rights Ordinance 26 JAN 00
R3.2 Associated Press: Oregon Bans Gay Job Discrimination 10 DEC 98
R3.1 Sydney Star Obseerver: Health Insurance Discrimination 15 AUG 96
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

Cities & Towns

In February 2002, gay and lesbian partners of Portland police and firefighters became eligible to collect pension benefits, should their partners be killed in the line of duty, under a city ordinance [R1.1].

R1.1 The Oregonian: Gay Partners of Police, Firefighters Will Get Benefits 14 FEB 02

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

State

Oregon Revised Statutes. Chapter 659A – Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement [L1.7].

Under the above legislation it is unlawful to discriminate on the ground of "sexual orientation" in employment (659A.030), public accommodation (659A.403), in selling, renting or leasing real property (659A.421) and in administrative actions (659A.805)

Oregon Revised Statutes. Chapter 174 – Construction of Statutes; General Definitions [L1.6] provides –

174.100 (6) "Sexual orientation" means an individual's actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individualís gender identity, appearance, expression or behavior differs from that traditionally associated with the individual's sex at birth.


On 15 June 2017, the Oregon Transportation Commission decided that, beginning 01 July, Oregonians will be able to choose ''X'' for sex Instead of ''F'' or ''M'' on their licenses and identification cards. Applicants will have to pay replacement or renewal fees [R1.5].

On 18 May 2017, Governor Kate Brown signed House Bill 2673A into law enabling transgender residents wishing to revise their birth certificates to match their identity presentation to do so by merely filling out a form, rather than having to post a public notice and petition for a court order. The simplified process goes into effect in January 2018 [R1.4].

On 12 April 2017, it was reported that the legislature passed House Bill 2673A creating a more efficient and private process for transgender Oregonians to update their information, including name and gender markers on birth certificates. The Bill has been sent to the Governor [R1.3].

On 11 April 2017, it was reported that Oregonians may soon be able to identify themselves as neither male nor female as Oregon works toward becoming the first US state to allow a third gender option on its drivers' licenses and state identification cards [R1.2].

On 19 December 2012, the Department of Consumer and Business Services Insurance Division announced guidelines that specifically prohibit health care providers from discriminating against a policy holder based on their actual or perceived gender identity and expression and prohibit insurance companies from denying coverage of a particular treatment simply because the policy holder is trans [R1.1].

2.

County

Multnomah County has passed gender-identity protections [R2.1].

3.

Cities & Towns

On 08 June 2011, the Portland City Council unanimously passed an ordinance extending transgender-inclusive healthcare benefits – including access to hormone therapy, counseling and surgical services – to City of Portland employees [R2.2].

Portland and Salem have passed gender-identity protections, Eugene is considering a proposal to extend anti-discrimination provisions to transgender individuals [R2.1].

4.

Courts & Tribunals

On 10 March 2017, Judge Amy Holmes Hehn in the Multnomah County Court reportedly granted a 'General Judgment of Name and Sex Change' to ''Patch'', the first person to be granted the legal request to become genderless in the US and allowing ''Patch'' to change names and become mononymous, meaning they are known by a singular name instead of a traditional first and surname [R4.6].

On 10 June 2016, Multnomah County Circuit Court Judge Amy Holmes Hehns granted Jamie Shupe's petition to change the legal sex/gender marker from Female to Nonbinary. The Army veteran was assigned the gender of male at birth, but started transitioning to a female in 2013, more than a decade after retiring from the military as a sergeant first class. At the time, transitioning to a female was the only option available [C4.5], [R4.4].

On 29 May 2016, F2M transgender teacher Leo Soell was reported to have settled a claim with the Gresham-Barlow School District for $60,000. The claim arose when staff members allegedly refused to use appropriate pronouns. Soell prefers the pronoun ''they'' [R4.3].

In June 2011, Lambda Legal filed lawsuit against the State of Oregon (Esquivel's employer), and the Public Employee's Benefit Board against the denial of health insurance coverage for hysterectomy and oophorectomy as necessary part of treatment [C4.2], [R4.1].

L1.6 Oregon Revised Statutes: Chapter 659A – Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement (Accessed 30 JAN 11
L1.6 Oregon Revised Statutes: Chapter 174 – Construction of Statutes; General Definitions (Accessed 30 JAN 11
R1.5 OregonLive: Oregon becomes first state to allow nonbinary on drivers license 15 JUN 17
R1.4 Reuters: Oregon Enacts Law to Ease Transgender Changes in Birth Records 18 MAY 17
R1.3 News10: Landmark transgender bill passes Oregon Legislature 12 MAY 17
R1.2 ReutersUS: Oregon moves toward allowing third gender option on drivers' licenses 11 MAY 17
R1.1 Washington Blade: Oregon bans anti-trans health care discrimination 08 JAN 13
R2.2 365Gay.com: Portland passes trans-inclusive health care benefits bill 09 JUN 11
R2.1 The Oregonian: Eugene split as vote on transgender issue looms 12 NOV 02
4. Courts & Tribunals
R4.6 TheIndependent: Judge grants person the right to be genderless in landmark ruling
C4.5 General Judgment of Sex Change: In the Matter of the Sex Change of Jamie Shupe No. 16CV13991 PDF 547.71kb, 10 JUN 16
R4.4 Oregon Judge Grants Legal Sex Change to Person who Identifies as Non-Binary 10 JUN 16
R4.3 PinkNews: Teacher awarded $60k settlement in lawsuit over gender-neutral pronouns 29 MAY 16
C4.2 Complaint: Esquivel v. Oregon PDF 56.78kb, 21 JUN 11
R4.1 PinkPaper: US organisation Lambda Legal sues Oregon state over trans operation 27 JUN 11
Hate Crimes Legislation/Cases/References
See also: [VIOLENCE]
1.

State

As from 01 January 2008, gender identity was added to State hate crime law [R1.3].

In 1990, hate crimes based on sexual orientation considered an aggravating circumstance [R1.2].


166.155 Intimidation in the second degree. [L1.1]

(1) A person commits the crime of intimidation in the second degree if the person:

(a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another because of the personís perception of the otherís race, color, religion, sexual orientation or national origin;

(b) Intentionally subjects another to offensive physical contact because of the personís perception of the otherís race, color, religion, sexual orientation or national origin; or

(c) Intentionally, because of the personís perception of race, color, religion, sexual orientation or national origin of another or of a member of the otherís family, subjects the other person to alarm by threatening:

(A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the person's family; or

(B) To cause substantial damage to the property of the other person or of a member of the other personís family.

(2) Intimidation in the second degree is a Class A misdemeanor.

(3) For purposes of this section, "property" means any tangible personal property or real property.

166.165 Intimidation in the first degree.

(1) Two or more persons acting together commit the crime of intimidation in the first degree, if the persons:

(a)(A) Intentionally, knowingly or recklessly cause physical injury to another person because of the actorsí perception of that personís race, color, religion, sexual orientation or national origin; or

(B) With criminal negligence cause physical injury to another person by means of a deadly weapon because of the actorsí perception of that personís race, color, religion, sexual orientation or national origin;

(b) Intentionally, because of the actorsí perception of another personís race, color, religion, sexual orientation or national origin, place another person in fear of imminent serious physical injury; or

(c) Commit such acts as would constitute the crime of intimidation in the second degree, if undertaken by one person acting alone.

(2) Intimidation in the first degree is a Class C felony.

General Definitions

174.100 (6) "Sexual orientation" means an individual's actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individualís gender identity, appearance, expression or behavior differs from that traditionally associated with the individualís sex at birth.

R1.3 Basic Rights Oregon: Hate Crimes (Accessed 20 JAN 11)
R1.2 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
L1.1 Oregon Revised Statutes: Chapter 166. Intimidation 166.155, 166.165 (Accessed 30 JAN 11)
Homosexuality, Sodomy Legislation/Cases/References
1.

National

In 1972, consensual sex between same-sex couples was reportedly decriminalised by legislative repeal [R1.1]

R1.1 [Citation required]
Marriage Legislation/Cases/References
1.

State

On 16 October 2013, based on the opinion of Deputy Attorney-General Mary H Williams, Chief Operating Officer and Director of Administrative Services Michael Jordan issued a memo to state agencies ordering the recognition of all legal marriages performed outside of the state ≠ including the marriages of same-sex couples [D1.4], [R1.3].

In the November 2004 election, the constitutional ban on same-sex marriage (Measure 36) was overwhelmingly approved by Oregon voters, and amended the Oregon Constitution to define marriage as between only a man and a woman. [R2.3].

Previously:

In 1997, an effort to ban gay marriages failed, and in 1999, an effort to pass a constitutional amendment failed. The proposal in 1999 would have also attempted to overturn a court decision forbidding discrimination based on sex in health benefits and other protections [R1.2].


In August 2008, the Coquille Indian Tribe, a federally sovereign nation located on the southern Oregon coast, placing it outside Oregon's constitutional jurisdiction, was reported as recognizing same-sex marriages. One of the partners must be a Coquille [R1.1].

2.

County

On 19 May 2014, Multnomah County Assessor Randy Walruff said gay couples who married in 2004 must obtain a new marriage license if they wish to be married now, the Attorney General having deemed the marriage void. Those couples who have not received a $60 refund should contact the Department of State Lands, where Multnomah County has deposited all uncollected refunds. Couples who have domestic partnerships must also obtain a marriage license if they want to be legally married. The county will continue offering domestic partnerships for couples who do not wish to get married [R2.1].

3.

Courts & Tribunals

On 24 November 2014, the US Court of Appeals for the Ninth Circuit, denied the petition of the National Organization for Marriage for an en banc (full court) review of the 27 August 2014 decision dismissing their motion to appeal [C3.18], [R3.17].

On 27 August 2014, the US 9th Circuit Court of Appeals dismissed the application of the National Organization for Marriage ruling it had no standing to appeal the District Court ruling that the voter-approved ban on same-sex marriage was unconstitutional [C3.16], [R3.15].

On 04 June 2014, following an emergency appeal by the National Organization for Marriage, the full US Supreme Court refused to halt same-sex weddings in Oregon while a federal appeals court considers whether the group opposed to gay marriage can intervene in the case [C3.14], [R3.13].

On 19 May 2014, US District Judge Michael McShane ruled a voter-approved ban on gay marriage unconstitutional. A request by the National Organization for Marriage to intervene was denied and an appeal to the 9th Circuit Court of Appeals seeking an emergency stay of that decision was also denied, allowing same-sex marriages to proceed [C3.12], [R3.11].

On 22 January 2014, US District Judge Michael McShane consolidated the Deanna Geiger and Janine Nelson and Robert Deuhmig and William Griesar v. John Kitzhaber and Ellen Rosenblum case with Rummel and West v. Kitzhaber, scheduling oral arguments for April 23, 2014 [R3.10].

On December 19, 2013, a federal lawsuit was filed on behalf of Paul Rummell & Ben West and Lisa Chickadonz & Christine Tanner (Rummel and West v. Kitzhaber), two same-sex couples who wish to marry in Oregon, arguing that arguing that a constitutional amendment in Oregon that bans same-sex couples from marrying violates the United States Constitution [R3.9].

On 15 October 2013, a complaint was filed in the US District Court, District of Oregon, on behalf of Deanna Geiger and Janine Nelson, and Robert Duehmig and William Griesar (who were married in Vancouver 2003) seeking to overturn Oregon's ban on same-sex marriage in that it violates their rights to due process and equal protection [C3.8], [R3.7].

On 20 June 2013, the Oregon Supreme Court dismissed a challenge to the ballot title for a proposed 2014 referendum asking voters to legalize gay marriage in Oregon. The ballot title reads: “Amends Constitution: Recognizes marriage between couples of same gender; protects clergy/religious institutions' refusal to perform marriages.” [R3.6].

On 24 April 2013, US Ninth Circuit Judge Harry Pregerson, sitting as chair of the Ninth Circuit Standing Committee, ruled on a narrow personnel case in which Alison Clark appealed the denial of benefits for her partner, Anna Campbell, under the Federal Employees Health Care Benefits program, finding the denial discriminatory and calling Oregon's ban on same-sex marriages unconstitutional [C3.5], [R3.4].

In November 2005, a judge upheld a same-sex marriage ban adopted last year by Oregon voters, sweeping aside arguments by gay rights supporters that the measure was flawed [R3.3].

Previously:

In June 2004, a judge's order to register marriage licenses issued to same-sex couples in Oregon was temporarily halted by the Oregon Court of Appeals [R3.2].

In April 2004, Multnomah County Circuit judge Frank Bearden ordered the county to stop issuing licenses to same sex couples in the only place in the US where it had been legal [R3.1].

But the judges also ruled that Oregon must honour the 3022 permits taken out by gay and lesbian couples since March 3 - in effect making Oregon the first state to officially recognise such unions [R3.1].

D1.4 Deputy Attorney-General's Opinion PDF 480.14kb, 16 OCT 13
R1.3 BuzzFeed: Oregon To Recognize Marriages Of Same-Sex Couples Wed In Other States 17 OCT 13
R1.2 The Oregonian: House Renders Split Decision on Social Issues 11 JUN 99
R1.1 The Advocate: Native American Tribe Recognizes Gay Marriage 22 AUG 08
R2.1 OregonLive: Gay marriage in Oregon: Licenses granted in 2004 no longer valid 19 MAY 14
C3.18 Order: Deanna L Geiger, et al. v. John Kitzhaber v. National Organization for Marriage, Inc. No. 14-35427 PDF 41.83kb, 24 NOV 14
R3.17 LGBTQnation: Ninth Circuit wonít reconsider NOMís bid to appeal Oregon gay marriage ruling 24 NOV 14
C3.16 Order: Deanna L Geiger v. John Kitzhaber v. National Organization for Marriage Inc No. 14-35427 PDF 61.12kb, 27 AUG 14
R3.15 LGBTQ Nation: NOM lacks standing to appeal Oregon same-sex marriage ruling 27 AUG 14
C3.14 Order in Pending Case: Nat'l Organization for Marriage v. Geiger, Deanna L., et al. 13A1173 PDF 25.98kb, 04 JUN 14
R3.13 TheDailyNews: US Supreme Court refuses to block Oregon same-sex marriages 04 JUN 14
C3.12 Opinion: Deanna Geiger and Janine Nelson and Robert Deuhmig and William Griesar v. John Kitzhaber and Ellen Rosenblum Case 6:13-cv-08134-MC PDF 514.66kb, 19 MAY 14
R3.11 EqualityOnTrial: Federal judge strikes down Oregonís same-sex marriage ban 19 MAY 14
R3.10 OregonLive: Ruling on gay marriage in Oregon could come by summer after federal judge consolidates two cases 22 JAN 14
R3.9 OregonLive: Two more couples file suit against Oregon's ban on gay marriage 19 DEC 13
C3.8 Complaint: Deanna Geiger and Janine Nelson and Robert Deuhmig and William Griesar v. John Kitzhaber and Ellen Rosenblum Case 6:13-cv-08134-MC PDF 15 OCT 13
R3.7 The Oregonian: Two Portland couples file lawsuit to overturn Oregon ban on same-sex marriage 15 OCT 13
R3.6 OnTop Magazine: Oregon Supreme Court Dismisses Gay Marriage Ballot Title Challenge 22 JUN 13
C3.5 Opinion: In the Matter of Alison Clark Case No. 13-80100 PDF 1.80MB, 24 APR 13
R3.4 Statesman Journal: Ninth Circuit Court judge: Oregon gay marriage ban is 'unconstitutional' 25 APR 13
R3.3 The Advocate: Judge Upholds Oregon Same-sex Marriage Ban 05 NOV 05
R3.2 The Age: Registration of Same-sex Marriages Delayed in Oregon 04 JUN 04
R3.1 The Age: Gay Marriages Halted, but Licences Honoured 22 APR 04
Parenting, Adoption, Fostering Legislation/Cases/References
1.

State

Chapter 109 – Parent and Child Rights and Relationships. Adoption . 109.309 Petition for adoption; residency requirement; where filed; venue; notice; placement report; fee; rules. [L1.1]

(1) Any ("adult") person may petition the circuit court for leave to adopt another person and, if desired, for a change of the other personís name. One petitioner, the child, one parent or the person, who is not an adoption agency, consenting to the adoption as required under ORS 109.312 (1) must be a resident of this state. As used in this subsection, "resident" means a person who has resided in this state continuously for a period of six months prior to the date of the petition.

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2.

Courts & Tribunals

On 13 May 2015, Judge Dan Brunch in the Court of Appeals ruled that artificial insemination does not automatically make lesbian registered same-sex partner Lorrena Madrone a parent just because her partner Karah Gretchen Madrone gives birth to the child R and approves it, concluding that lawful parentage 'applies to unmarried same-sex couples who have a child through artificial insemination if the partner of the biological parent consented to the insemination 'and' the couple would have chosen to marry had that choice been available to them' [C2.2], [R2.1].

L1.1 Oregon Revised Statutes: Chapter 109 – Parent and Child Rights and Relationships (Accessed 30 JAN 11)
C2.2 Opinion: In the Matter of the Registered Domestic Partnership of Karah Gretchen Madrone and Lorrena Thompson Madrone 271 Or App 116 [2015] PDF 119.06kb, 13 MAY 15
R2.1 NewYorkDailyNews: Oregon denies lesbian parental rights to ex-loverís child 15 MAY 15
Violence: Bullying, Domestic Violence, Harassment, Vilification Legislation/Cases/References
See also: [HATE CRIMES]
1.

State

In 2008 under the Equality Act harassment of a person on the basis of gender identity or expression by supervisors, coworkers, and vendors of which they are aware or should reasonably beaware is unlawful [R1.1].

R1.1 Basic Rights Oregon: Know Your Rights (Accessed 14 JAN 13)

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