Lesbian, gay, bisexual, and transgender, and queer (LGBTQ) people in the U.S. state of Oregon have the same legal rights as non-LGBTQ people.[1]Oregon became one of the first U.S. jurisdictions to decriminalize sodomy in 1972, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Oregon is frequently referred to as one of the United States' most LGBTQ-friendly states,[2] and is home to an active LGBT community with multiple bars, clubs, venues, events and other establishments. Governor Kate Brown (served 2015–2023) was the nation's first openly bisexual governor. A 2019 opinion poll conducted by the Public Religion Research Institute showed that 70% of Oregonians supported anti-discrimination legislation protecting LGBTQ people.[3]
History
During European settlement of Oregon in the late 18th and early 19th centuries, the region was infamous for its "temptation towards immorality", mostly due to its overwhelmingly male population.[4] Among the Native Americans, perceptions towards gender and sexuality were very different from those of the Western world. The Northern Paiute people, for instance, recognize male-bodied individuals who act, behave and live as women, known as tüdayapi. Similarly, among the Modoc and the Klamath peoples, t'winiːq individuals form a "third gender" alongside male and female.
Oregon, then known as the Oregon Territory, adopted its first criminal code in 1850. It made no mention of sodomy or common law crimes. This changed in 1853, when the Oregon Territorial Legislature passed laws criminalizing sodomy with one to five years' imprisonment. This was later extended to one to fifteen years' imprisonment, after the so-called Portland vice scandal. In 1913, the Oregon Supreme Court, in State v. Start, held that fellatio (oral sex), whether heterosexual or homosexual, also constituted an offence, and similarly in 1928 that mutual masturbation was also criminal. In addition to imprisonment, sterilization became a possible penalty for sodomy in 1913, though this was later repealed by voters with a 56% majority. Nonetheless, a similar law was passed in 1917, but was declared unconstitutional in 1921. Up until then, 127 sterilizations had been carried out in the state, many on "flagrant masturbators or sex perverts". Oregon accounted for about 92% of the total castrations performed in the United States between 1907 and 1921. The state enacted another sterilization law in 1923, providing for the castration or oophorectomy of "[...] moral degenerates and sexual perverts". By 1960, 2,293 people had been sterilized under this law, most of them women. The law was amended in 1965, and was made applicable only to the "mentally ill and the mentally retarded". Cunnilingus was found to be a violation of the sodomy law in 1961, in the case of State v. Black.[4]
In 1953, Oregon passed a psychopathic offender law, under which those convicted of sodomy could receive a life sentence. This was amended ten years later to apply only to sexual activity with children under the age of 12.[4]
Law regarding same-sex sexual activity
Oregon decriminalized same-sex sexual activity in 1972.[4]
Renewed debate surrounding the state's sodomy law began in the 1970s. The Criminal Law Revision Commission was of the opinion that "any sexual conduct engaged in between consenting adults, whether of a heterosexual or homosexual nature" should not be outlawed. This received notably little opposition, with reportedly only one person testifying against it. In 1971, the Oregon Legislative Assembly repealed the consensual sodomy law and established an age of consent of 18, effective in 1972. At the same time, it also passed a controversial "lewd solicitation" provision, making it a criminal offence to invite a person in a public place to have sexual intercourse. This provision was declared unconstitutional by the Oregon Supreme Court on free speech grounds in a unanimous decision in 1981.[4]
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 was unconstitutional in relation to the Equal Protection Clause of the Federal Constitution.[5] 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.[6] Proponents had formed a campaign to place a same-sex marriage initiative on the ballot in November 2014,[7] 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.[8]
Oregon has provided benefits to same-sex partners of state employees since 1998.[9]
Since October 16, 2013, based on an opinion from the state Department of Justice, Oregon has recognized same-sex marriages from other jurisdictions.[10] In July 2015, the Oregon Legislative Assembly passed a bill to codify gender-neutral marriage in various state statutes, effective from January 1, 2016.[11][12]
In April 2023, a bill passed both houses of the Oregon Legislative Assembly to allow opposite-sex couples to formally enter into a domestic partnerships. The bill was signed into law by the Governor of Oregon and goes into effect on January 1, 2024.[13]
Adoption and parenting
Same-sex couples, whether unmarried or married, may apply to adopt. Lesbian couples have access to assisted reproduction services, such as in vitro fertilization, and state law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, but only if the parents are married.[14]
Surrogacy is neither expressly prohibited nor permitted in Oregon. However, courts are generally favorable to surrogacy, which means both the surrogate and the intended parents, including same-sex couples, can pursue a surrogacy arrangement in the state.[15]
Discrimination protections
Portland Pride parade 2015Participants at the Portland Pride parade, 2015
Since January 1, 2008, Oregon has banned unfair discrimination in employment, housing, and public accommodations based on sexual orientation or gender identity.[16] The protections were added by the Oregon Equality Act, signed into law by Governor Ted Kulongoski on May 9, 2007.[17] "Sexual orientation" is defined under state law as "an individual's actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual's gender identity, appearance, expression or behavior differs from that traditionally associated with the individual's assigned sex at birth."[18]
Moreover, the state's anti-bullying law prohibits bullying on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, familial status, source of income and disability. The law also explicitly includes cyberbullying and harassment, and applies to all public schools.[19]
In October 2019, Governor Kate Brown signed an executive order to add gender identity to a 1987 policy that prohibits state agencies from engaging in unlawful discrimination (in hiring, the provision of public services, or any government-related interactions). The order had already included sexual orientation. Agencies will also be required an include a third gender option ("X") as a sex descriptor.[20]
Effective from January 1, 2022, a law (that was overturned by the courts on May 11, 2022[23]) banning real estate agents (buying or selling) from sharing documents that include protected class information that could lead to intentional or unintentional discrimination against clients and/or individuals due to sexual orientation and gender identity grounds - that the Governor of OregonKate Brown signed a bill (HB2550) into law in June 2021.[24]
Criminal justice
Hate crime law
State hate crime statutes provide for additional legal penalties for crimes committed based on the victim's gender identity or sexual orientation (alongside other categories, such as religion, race, disability and/or sex).[25]
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.[31]
Since 2014, sex reassignment surgery has not been a requirement to change the gender marker on an Oregon birth certificate. Transgender individuals can apply to change legal gender solely by request.[32] In addition, in August 2014, state officials announced that Oregon Medicaid would shortly begin covering hormone therapy and other treatments related to sex reassignment.[33]
On June 10, 2016, an Oregon circuit court ruled that a resident could legally change their gender to non-binary. The Transgender Law Center believed this to be "the first ruling of its kind in the U.S."[34] Since July 1, 2017, the Oregon Department of Motor Vehicles has offered a third choice for gender on driver's licenses and IDs: "X", designating a neutral or non-binary gender identity.[35] The "X" option is also available for birth certificates.[14]
In May 2017, a bill passed the Oregon Legislative Assembly to abolish the 1991 requirement for transgender people to publish their names in newspapers before they can undergo a legal change of sex on government documents. This requirement was viewed as a breach of privacy and a safety risk for transgender people.[36] In January 2019, Representative Karin Power introduced a bill to amend a 1951 Oregon mental health law that equated "transvestites" with pedophilia. In April 2019, the bill passed the Legislative Assembly by a vote of 58–2 in the House and 29–0 with 1 excused in the Senate. GovernorKate Brown signed it into law on May 6.[37][38][39]
In May 2023, the Oregon House of Representatives passed a bill to explicitly "protect and defend" gender-affirming healthcare for transgender individuals - who especially enter into Oregon jurisdictional boundaries from interstate. The bill was essentially "frozen" in the Oregon Senate for a time, because the GOP staged a record-breakingly long boycott.[43][44][45] In late June, the boycott ended and the bill finally passed the Senate with "watered down amendments". The House concured to passed the amendments and was finally enrolled to the Governor's desk. GovernorTina Kotek signed the bill into law on July 13, 2023.[46][47]
Oregon became the third state to ban performing sexual orientation change efforts (conversion therapy) on minors. In 2015, the Legislative Assembly passed a bill banning conversion therapy on minors. The bill passed the House by a vote of 41–18 on March 17 and the Senate by a vote of 21–8 on May 7. On May 18, 2015, GovernorKate Brown signed the bill into law, and it went into effect on July 1, 2015.[48][49]
Education
In June 2021, a bill (SB52) passed the Oregon Legislative Assembly to implement LGBTIQ+ safe policies and procedures by the Oregon Department of Education - within all the schools, universities and/or colleges throughout Oregon. The Governor of OregonKate Brown signed the bill into law in July 2021 and went into effect immediately.[50]
Politics
Oregon's governor, Tina Kotek, is openly lesbian, married to her spouse Aimee Wilson. Former Oregon Governor Kate Brown was the first openly bisexual governor in United States history. Michael McShane, the judge who struck down Oregon's same-sex marriage ban, is also openly gay. Sam Adams was Portland's first openly gay city councilor and the first openly gay mayor of a top-30 U.S. city.[51]
Public opinion
A 2022 Public Religion Research Institute (PRRI) opinion poll found that 78% of Oregon residents supported same-sex marriage, while 22% were opposed. Additionally, 86% of Oregon residents supported discrimination protections covering sexual orientation and gender identity, while 13% were opposed and 1% were unsure. [52]
Public opinion for LGBTQ anti-discrimination laws in Oregon
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Hampshire enjoy the same rights as non-LGBTQ people, with most advances in LGBT rights occurring in the state within the past two decades. Same-sex sexual activity is legal in New Hampshire, and the state began offering same-sex couples the option of forming a civil union on January 1, 2008. Civil unions offered most of the same protections as marriages with respect to state law, but not the federal benefits of marriage. Same-sex marriage in New Hampshire has been legally allowed since January 1, 2010, and one year later New Hampshire's civil unions expired, with all such unions converted to marriages. New Hampshire law has also protected against discrimination based on sexual orientation since 1998 and gender identity since 2018. Additionally, a conversion therapy ban on minors became effective in the state in January 2019. In effect since January 1, 2024, the archaic common-law "gay panic defence" was formally abolished; by legislation implemented within August 2023.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. In addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Louisiana may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Louisiana as a result of the U.S. Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized in the state since June 2015 as a result of the Supreme Court's decision in Obergefell v. Hodges. New Orleans, the state's largest city, is regarded as a hotspot for the LGBTQ community.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of West Virginia face legal challenges not faced by non-LGBT persons. Same-sex sexual activity has been legal since 1976, and same-sex marriage has been recognized since October 2014. West Virginia statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Minnesota have the same legal rights as non-LGBTQ people. Minnesota became the first U.S. state to outlaw discrimination based on sexual orientation and gender identity in 1993, protecting LGBTQ people from discrimination in the fields of employment, housing, and public accommodations. In 2013, the state legalized same-sex marriage, after a bill allowing such marriages was passed by the Minnesota Legislature and subsequently signed into law by Governor Mark Dayton. This followed a 2012 ballot measure in which voters rejected constitutionally banning same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.
Vermont is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights, with most progress in jurisprudence having occurred in the late 20th and the early 21st centuries. Vermont was one of 37 U.S. states, along with the District of Columbia, that issued marriage licenses to same-sex couples prior to the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.
The establishment of lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBT rights taking place in the late 20th century and early 21st century. Connecticut was the second U.S. state to enact two major pieces of pro-LGBT legislation; the repeal of the sodomy law in 1971 and the legalization of same-sex marriage in 2008. State law bans unfair discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and both conversion therapy and the gay panic defense are outlawed in the state.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Maine have the same legal rights as non-LGBTQ people. Same-sex marriage has been recognized in Maine since December 2012, following a referendum in which a majority of voters approved an initiative to legalize same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is prohibited in the areas of employment, housing, credit and public accommodations. In addition, the use of conversion therapy on minors has been outlawed since 2019, and joint adoption is permitted for same-sex couples.
Lesbian, gay, bisexual transgender, and queer (LGBTQ) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Hawaii enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Rhode Island have the same legal rights as non-LGBTQ people. Rhode Island established two types of major relationship recognition for same-sex couples, starting with civil unions on July 1, 2011, and then on August 1, 2013 with same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is outlawed within the state namely in the areas of employment, housing, healthcare and public accommodations. In addition, conversion therapy on minors has been banned since 2017.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arkansas face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity in Arkansas was decriminalized in 2001 and legally codified in 2005. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Arizona, and same-sex couples are able to marry and adopt. Nevertheless, the state provides only limited protections against discrimination on the basis of sexual orientation and gender identity. Several cities, including Phoenix and Tucson, have enacted ordinances to protect LGBTQ people from unfair discrimination in employment, housing and public accommodations.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Montana may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Montana since 1997. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples, as same-sex marriage has been recognized since November 2014. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities also provide protections in housing and public accommodations.
Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Alaska have evolved significantly over the years. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBTQ people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Oklahoma face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Oklahoma as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Both same-sex marriage and adoption by same-sex couples have been permitted since October 2014. State statutes do not prohibit discrimination based on sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal. This practice may still continue, as Oklahoma is an at-will employment state and it is still legal to fire an employee without requiring the employer to disclose any reason.
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