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词条 LGBT rights in Oregon
释义

  1. Law regarding same-sex sexual activity

  2. Recognition of same-sex relationships

  3. Adoption and parenting

  4. Discrimination protections

  5. Hate crime law

  6. Gender identity and expression

  7. Conversion therapy

  8. Politics

  9. Public opinion

  10. Summary table

  11. See also

  12. Footnotes

  13. Further reading

{{Use mdy dates|date=December 2014}}{{Infobox LGBT rights
| location_header = Oregon
| image = Map of USA OR.svg
| caption = Oregon (US)
| legal_status = Legal since 1972
(Legislative repeal)
| gender_identity_expression = Yes
| recognition_of_relationships = Same-sex marriages since 2014 and domestic partnerships since 2008.
| adoption = Yes
| discrimination_protections = Yes, both sexual orientation and gender identity
}}{{LGBT rights}}

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Oregon have the same rights and responsibilities as heterosexuals. Same-sex sexual activity is legal in Oregon. Same-sex marriage has been legal in the state since May 2014, when a federal judge declared the state's constitutional 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. 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 LGBT-friendly states,[1] and is home to an active LGBT community. Governor Kate Brown is the nation's first openly bisexual Governor. A large majority of Oregonians support same-sex marriage.[2]

Law regarding same-sex sexual activity

Oregon decriminalized same-sex sexual activity in 1972.[3]

Recognition of same-sex relationships

{{Main|Domestic partnership in Oregon|Same-sex marriage in Oregon}}

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.[4]

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.[5] Proponents had formed a campaign to place a same-sex marriage initiative on the ballot in November 2014,[6] 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.[7]

Oregon has provided benefits to same-sex partners of state employees since 1998.[8]

Since October 16, 2013, based on an opinion from the Oregon Department of Justice, Oregon has recognized same-sex marriages from other jurisdictions.[9]

In July 2015, the Oregon Legislature passed and the Governor of Oregon signed into law a bill to codify gender-neutral marriage in various Oregon statutes, effective on January 1, 2016.[10][11]

Adoption and parenting

Same-sex couples can jointly adopt or do stepchild adoptions. Lesbian couples also have access to IVF and assisted insemination. Surrogacy for male couples is also allowed.

Discrimination protections

Since January 1, 2008, Oregon has banned discrimination in employment, housing, and public accommodations based on both sexual orientation and gender identity.[12] The protections were added by the Oregon Equality Act, signed into law by Governor Ted Kulongoski on May 9, 2007.[13]

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.[14]

Hate crime law

State law covers hate crimes based on both gender identity and sexual orientation.[15]

Gender identity and expression

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.[16]

Since 2014, sex reassignment surgery has not been a requirement to change the gender marker on an Oregon birth certificate.[17] In addition, in August 2014, state officials announced that Oregon Medicaid would shortly begin covering hormone therapy and other treatments related to sex reassignment.[18]

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."[19] Since July 1, 2017, the Oregon Department of Motor Vehicles has offered a third choice for gender on licenses and identification cards: X, designating a neutral or non-binary gender identity.[20]

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 change of sex on government documents. This requirement was viewed as a breach of privacy and a safety risk for transgender people.[21] In January 2019, Representative Karin Power introduced a bill to amend a 1951 Oregon mental health law, which equates "transvestites" with pedophilia. In March 2019, the bill passed the Oregon House of Representatives by a vote of 58-2,[22] and awaits a vote in the Senate.[23]

Conversion therapy

{{See also|List of U.S. jurisdictions banning 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 a bill banning conversion therapy 41–18 and on May 7 the Oregon State Senate approved the bill 21–8. On May 18, 2015, Governor Kate Brown signed the bill into law.[24][25] The law went into effect on July 1, 2015.

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 also openly gay.

Public opinion

A 2017 Public Religion Research Institute (PRRI) opinion poll found that 67% of Oregonians supported same-sex marriage, while 25% opposed it and 7% were unsure.[2]

The same poll found that 72% of Oregonians supported an anti-discrimination law covering sexual orientation and gender identity. 21% were opposed.[26] Furthermore, 58% were against allowing public businesses to refuse to serve LGBT people due to religious beliefs, while 34% supported allowing such religiously-based refusals.[27]

Summary table

Same-sex sexual activity legal (Since 1972)
Equal age of consent
Anti-discrimination laws in employment (Since 2008)
Anti-discrimination laws in the provision of goods and services (Since 2008)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) (Since 2008)
Same-sex marriages (Since 2014)
Recognition of same-sex couples (Since 2008)
Stepchild adoption by same-sex couples (Since 2007)
Joint adoption by same-sex couples (Since 2007)
Conversion therapy banned on minors (Since 2015)
Right to change legal gender
Third gender option (Since 2017)
Access to IVF for lesbians
Surrogacy arrangements for gay male couples
MSMs allowed to donate blood / (Since 2015, one year deferral period)

See also

{{Portal|LGBT|Oregon}}
  • Hands Across Hawthorne
  • Oregon Citizens Alliance

Footnotes

1. ^{{cite web|url=http://www.msnbc.com/msnbc/the-best-and-worst-states-lgbt-equality|title=The best and worst states for LGBT equality|publisher=}}
2. ^Public opinion on same-sex marriage by state: Oregon
3. ^{{cite web|url=http://www.hrc.org/laws-and-legislation/entry/oregon-sodomy-law |title=Oregon Sodomy Law |publisher=Hrc.org |date= |accessdate=August 26, 2015 |archiveurl=https://web.archive.org/web/20130504091549/http://www.hrc.org/laws-and-legislation/entry/oregon-sodomy-law |archivedate=May 4, 2013 |deadurl=yes}}
4. ^{{cite news|last=Mapes|first=Jeff|newspaper=The Oregonian|title=Oregon gay marriage ban struck down by federal judge; same-sex marriages to begin|url=http://www.oregonlive.com/mapes/index.ssf/2014/05/oregon_gay_marriage_ban_struck.html|date=May 19, 2014|accessdate=May 19, 2014}}
5. ^{{cite news|last=Kershaw|first=Sarah|title=Gay Marriage Bans Gain Wide Support in 10 States|url=https://www.nytimes.com/2004/11/03/politics/campaign/03gay.html|accessdate=December 11, 2012|newspaper=New York Times|date=November 3, 2004}}
6. ^{{cite news|last=McCarron|first=Steve|title=Gay marriage supporters in Oregon focused on Nov. 2014 ballot |url=http://www.kptv.com/story/22699416/gay-marriage-supporters-in-oregon-now-focused-on-2014-ballot|accessdate=July 1, 2013 |newspaper=FOX12 Oregon|date=June 27, 2013}}
7. ^{{cite web|title=Oregon Registered Domestic Partners|url=http://www.oregon.gov/BOLI/CRD/docs/registered_domestic_partners.pdf|publisher=State of Oregon|accessdate=December 11, 2012}}
8. ^National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
9. ^{{cite news|last=Damewood |first=Andrea |title=Oregon To Recognize Marriages of Gay Couples Wed Out of State |url=http://www.wweek.com/portland/blog-30815-permalink.html |accessdate=February 13, 2014 |newspaper=Willamette Week |date=October 16, 2013 |deadurl=yes |archiveurl=https://web.archive.org/web/20140224052637/http://www.wweek.com/portland/blog-30815-permalink.html |archivedate=February 24, 2014 |df= }}
10. ^HB 2478
11. ^House Bill 2478
12. ^{{cite web|url=http://www.hrc.org/laws-and-legislation/entry/oregon-non-discrimination-law |title=Oregon Non-Discrimination Law |publisher=Hrc.org |date= |accessdate=August 26, 2015 |archiveurl=https://web.archive.org/web/20131111041124/http://www.hrc.org/laws-and-legislation/entry/oregon-non-discrimination-law |archivedate= November 11, 2013 |deadurl=yes}}
13. ^{{cite news|url=http://www.salem-news.com/articles/may092007/meaure_2_5907.php|title=Oregon Governor Ted Kulongoski Signs Basic Fairness Legislation: House Bill 2007 and Senate Bill 2|publisher=Salem News|date=May 9, 2007}}
14. ^[https://www.stopbullying.gov/laws/oregon/index.html Oregon Anti-Bullying Laws & Policies]
15. ^{{cite web|url=http://www.hrc.org/laws-and-legislation/entry/oregon-hate-crimes-law |title=Oregon Hate Crimes Law |publisher=Hrc.org |date=October 2, 2008 |accessdate=August 26, 2015 |archiveurl=https://web.archive.org/web/20131203025939/http://www.hrc.org/laws-and-legislation/entry/oregon-hate-crimes-law |archivedate= December 3, 2013 |deadurl=yes}}
16. ^{{cite news|title=Oregon state employee benefits now cover gender-reassignment surgery|url=http://www.oregonlive.com/politics/index.ssf/2013/01/oregon_state_employee_benefits.html |accessdate=July 1, 2013|newspaper=The Oregonian|date=January 24, 2013}}
17. ^{{cite web|last1=Straus|first1=Becky|first2=Kevin|last2=Diaz|first3=Amanda|last3=Goad|title=Oregon Legislature Repeals Surgery Requirement for Gender Change on Birth Certificate|url=https://www.aclu.org/blog/lgbt-rights-womens-rights/oregon-legislature-repeals-surgery-requirement-gender-change-birth|website=ACLU Blog of Rights|publisher=American Civil Liberties Union|accessdate=August 17, 2014|ref=ACLU blog|date=June 14, 2013}}
18. ^{{cite news|title=Oregon Medicaid to cover gender reassignment|url=http://www.katu.com/news/local/Oregon-Medicaid-to-cover-gender-reassignment-271399591.html|accessdate=August 17, 2014|agency=Associated Press|publisher=KATU.com|date=August 15, 2014}}
19. ^{{cite web|url=http://www.dailydot.com/lifestyle/oregon-court-rules-non-binary-gender-legal/ |author=O'Hara, Mary Emily |title='Nonbinary' is now a legal gender, Oregon court rules |publisher=The Daily Dot |date=June 10, 2016}}
20. ^Oregon becomes first state to allow nonbinary on drivers license
21. ^[https://olis.leg.state.or.us/liz/2017R1/Measures/Overview/HB2673 HB 2673]
22. ^{{cite web|url=https://legiscan.com/OR/bill/HB2589/2019|title=HB2589|work=LegiScan|date=}}
23. ^{{cite web|url=https://www.portlandmercury.com/blogtown/2019/01/22/25597988/a-bill-in-the-oregon-legislature-would-remove-transphobic-language-from-state-law|title=A Bill in the Oregon Legislature Would Remove Transphobic Language From State Law|work=Portland Mercury|date=January 22, 2019|last=Stenvick|first=Blair}}
24. ^{{cite news|url=http://www.oregonlive.com/politics/index.ssf/2015/05/bill_to_ban_conversion_therapy.html|title=Bill to ban conversion therapy for LGBT youth sent to Kate Brown's desk|publisher=Oregon Live|date=May 7, 2015}}
25. ^[https://olis.leg.state.or.us/liz/2015R1/Measures/Overview/HB2307 HB2307], Oregon Legislature
26. ^Public opinion on LGBT nondiscrimination laws by state: Oregon
27. ^Public opinion on religiously based refusals to serve gay and lesbian people by state: Oregon

Further reading

  • Casey Parks, "The Hate Keeps Coming: Pain Lingers for Lesbian Couple Denied in Sweet Cakes Case," The Oregonian, July 2, 2016.
{{LGBT rights in the United States}}{{DEFAULTSORT:Lgbt Rights In Oregon}}

4 : LGBT in Oregon|LGBT rights in the United States by state|Oregon law|Politics of Oregon

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