Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Oregon have the same rights and responsibilities as heterosexuals.
d="Law_regarding_same-sex_sexual_activity">Law regarding same-sex sexual activity
Oregon decriminalized same-sex sexual activity in 1972.
Recognition of same-sex marriage
Same-sex marriage was legalized in Oregon on May 19, 2014 after U.S. District Court Judge Michael McShane ruled that the state's 2004 constitutional amendment banning such marriages were unconstitutional in relation to the Equal Protection Clause of the federal constitution.
Prior to that ruling, same-sex marriage was prohibited by the state constitution due to the passage of a ballot measure on November 2, 2004. Proponents had formed a campaign to place a same-sex marriage initiative on the ballot in November 2014, but those plans were cancelled because of the May 2014 ruling legalizing marriage for same-sex couples in the state.
Domestic partnerships for same-sex couples have been available since February 4, 2008, when the Oregon Family Fairness Act took effect.
Oregon has provided benefits to same-sex partners of state employees since 1998.
Since October 16, 2013, based on an opinion from the Oregon Department of Justice, Oregon has recognized same-sex marriages from other jurisdictions.
In July 2015, the Oregon Legislature passed and the Governor of Oregon signed a bill, to codify gender-neutral marriage in various Oregon statutes. Effective January 1, 2016.
Adoption and parenting
Same-sex couples can jointly adopt or do step-parent adoption. Lesbian couples can also have access to IVF and assisted insemination. Male couples can also get access to surrogacy.
Discrimination protections
Since January 1, 2008, Oregon has banned discrimination in employment, housing, and public accommodations based on both sexual orientation and gender identity. The protections were added by the Oregon Equality Act, signed into law by Governor Ted Kulongoski on May 9, 2007.
Hate crime laws
State law covers hate crimes based on both gender identity and sexual orientation.
Gender identity
In January 2013, as part of an out-of-court settlement in a discrimination suit with a public employee related to medical insurance coverage of a gender assignment surgical procedure, the state agreed to provide full medical insurance coverage for all such surgeries, drugs, and related treatments for individuals covered on public employee health plans. As of 2014, gender reassignment surgery is not a requirement to change the gender marker on an Oregon birth certificate.
In August 2014, state officials announced that Oregon Medicaid would shortly begin covering hormone therapy and other treatments related to gender reassignment.
In May 2017 a law passed the Oregon Legislature (in both houses and a Governor's signature) to abolish and repeal the 1991 requirement for transgender people to publish their names in newspapers, before they undergo a legal changes of sex on government documents. In today's society this would be a breach of privacy and a safety risk for transgender people.
Driver's licences
Since July 1, 2017, the Oregon Department of Motor Vehicles will begin offering a third choice for gender on licenses and identification cards: X, designating a neutral or non-binary gender identity.
Conversion therapy
Oregon became the third state to ban performing sexual orientation change efforts (conversion therapy) on minors. On March 17, 2015, the Oregon House of Representatives passed the bill 41â€"18 and on May 7 the Oregon State Senate approved the bill 21â€"8. On May 18, 2015, Governor Kate Brown signed the bill into law. The law went into effect on July 1, 2015.
Recognition of non-binary genders
On June 10, 2016, an Oregon circuit court ruled that a resident could legally change their gender to non-binary. The Transgender Law Center believes this to be "the first ruling of its kind in the U.S."
Politics
Oregon's incumbent governor, Kate Brown, is the first openly bisexual governor in United States history. Oregon's House Speaker, Tina Kotek, is openly lesbian, married to her spouse Aimee Wilson. Michael McShane, the judge who struck down Oregon's same sex marriage ban, is openly gay.
Summary table
See also
- Hands Across Hawthorne
- Oregon Citizens Alliance
Footnotes
Further reading
- Casey Parks, "The Hate Keeps Coming: Pain Lingers for Lesbian Couple Denied in Sweet Cakes Case," The Oregonian, July 2, 2016.