Lesbian, gay, bisexual, and transgender (LGBT) people in the

U.S. The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

state of Oregon have the same rights and responsibilities as non-LGBT people. Same-sex sexual activity is legal in

Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...

, and

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...

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 partnership A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...

s, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

and

gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...

in the areas of employment, housing and public accommodations is outlawed in the state under the ''Oregon Equality Act'', enacted in 2008.

Conversion therapy Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and cli ...

on minors is also illegal. Oregon is frequently referred to as one of the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

' most LGBT-friendly states, and is home to an active LGBT community with multiple bars, clubs, venues, events and other establishments. Elected in 2016, Governor Kate Brown is the nation's first openly bisexual governor. A 2019 opinion poll conducted by the

Public Religion Research Institute The Public Religion Research Institute (PRRI) is an American nonprofit, nonpartisan research and education organization that conducts public opinion polls on a variety of topics, specializing in the quantitative and qualitative study of political ...

showed that 70% of Oregonians supported anti-discrimination legislation protecting LGBT people.Public opinion on same-sex marriage by state: Oregon
/ref>

History

During

Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...

an settlement of Oregon in the late 18th and early 19th century, the region was infamous for its "temptation towards immorality", mostly due to its overwhelmingly male population. Among the Native Americans, perceptions towards gender and sexuality were very different to that of the Western world. The

Northern Paiute Northern may refer to the following: Geography * North, a point in direction * Northern Europe, the northern part or region of Europe * Northern Highland, a region of Wisconsin, United States * Northern Province, Sri Lanka * Northern Range, a r ...

people, for instance, recognize male-bodied individuals who act, behave and live as women, known as '' tüdayapi''. Similarly, among the

Modoc Modoc may refer to: Ethnic groups *Modoc people, a Native American/First Nations people ** Modoc language **Modoc Tribe of Oklahoma, a federally recognized tribe of Modoc *Modoc War, the last armed resistance of the Modoc people in 1873 *The "Mo ...

and the Klamath peoples, '' t'winiːq'' individuals form a "

third gender Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither man nor woman. It is also a social category present in societies that recognize three or more genders. The term ''third'' is usually ...

" alongside male and female. Oregon, then known as the Oregon Territory, adopted its first criminal code in 1850. It made no mention of

sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

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 The Portland vice scandal (sometimes called the vice clique scandal, the vice crusade in contemporary reports, or inaccurately the YMCA scandal) refers to the discovery in November 1912 of a gay male subculture in the U.S. city of Portland, Oregon. ...

. In 1913, the

Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.fellatio (oral sex), whether heterosexual or homosexual, also constituted an offence, and similarly in 1928 that mutual

masturbation Masturbation is the sexual stimulation of one's own genitals for sexual arousal or other sexual pleasure, usually to the point of orgasm. The stimulation may involve hands, fingers, everyday objects, sex toys such as vibrators, or combinatio ...

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

castration Castration is any action, surgical, chemical, or otherwise, by which an individual loses use of the testicles: the male gonad. Surgical castration is bilateral orchiectomy (excision of both testicles), while chemical castration uses pharmaceut ...

s performed in the

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''. 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.

Law regarding same-sex sexual activity

Oregon decriminalized same-sex sexual activity in 1972. 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 The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the Ho ...

repealed the consensual sodomy law and established an

age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...

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 Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...

grounds in a unanimous decision in 1981.

Recognition of same-sex relationships

Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...

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 The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...

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 A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

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 The Oregon Family Fairness Act is a state law in the U.S. state of Oregon that made domestic partnerships legal in Oregon. The bill was introduced into the House by state Democrats. The bill adopted the term "domestic partnership" to describe thes ...

'' 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 state Department of Justice, Oregon has recognized same-sex marriages from other jurisdictions. In July 2015, the

passed a bill to codify gender-neutral marriage in various state statutes, effective from January 1, 2016.

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 In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) ...

, 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.

Surrogacy Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregnan ...

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.

Discrimination protections

Pride parade, Portland, Oregon (2015) - 161

Pride parade, Portland, Oregon (2015) - 189

Since January 1, 2008, Oregon has banned unfair discrimination in employment, housing, and public accommodations based on sexual orientation or gender identity. The protections were added by the ''

Oregon Equality Act The Oregon Equality Act is a law of the U.S. state of Oregon which prohibits discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, and other categories. Enacted in 2007, it became effective in ...

'', signed into law by Governor Ted Kulongoski on May 9, 2007. "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." 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 Public school may refer to: *State school (known as a public school in many countries), a no-fee school, publicly funded and operated by the government *Public school (United Kingdom), certain elite fee-charging independent schools in England and ...

. 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

option ("X") as a sex descriptor. In June 2021, the

passed a bill to update the 2008 legal definition of "gender identity". The Governor of Oregon Kate Brown signed the bill into law and becomes effective immediately. Effective from January 1, 2022, a law (that was overturned by the courts on May 11, 2022) banning

real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...

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 Oregon Kate Brown signed a bill (HB2550) into law in June 2021.

Criminal justice

Hate crime law

State

hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...

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).

Gay or trans panic defence abolition

In May 2021, both the

Oregon Legislature The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the Ho ...

passed and the Governor of Oregon Kate Brown signed the bill SB704 into law (effective January 1, 2022) - a law to abolish the archaic common-law "

gay panic defence The gay panic defense or homosexual advance defence is a legal strategy in which a defendant claims to have acted in a state of violent, temporary insanity, committing assault or murder, because of unwanted same-sex sexual advances, usually bet ...

" and/or "trans panic defence" within

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...

and

legal cases in all

court rooms for judges, lawyers and/or juries.

Transgender rights

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. 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. In addition, in August 2014, state officials announced that Oregon Medicaid would shortly begin covering hormone therapy and other treatments related to sex reassignment. 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." 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. The "X" option is also available for birth certificates. In May 2017, a bill passed the

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. In January 2019, Representative

Karin Power Karin Power (born 1982/83) is an American lawyer and Democratic politician who previously served in the Oregon House of Representatives. She represented the 41st district, which covers parts of Clackamas County and Multnomah County, including ...

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.

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

Kate Brown signed it into law on May 6. In December 2020, the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

denied ''

certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...

'' to ''Parents for Privacy v. Barr'', a case that had challenged a transgender-inclusive policy in public schools. The United States District Court for the District of Oregon had ruled against the plaintiffs on July 24, 2018; a decision upheld by the Ninth Circuit Court of Appeals on February 12, 2020.

Conversion therapy

Oregon became the third state to ban performing sexual orientation change efforts (

conversion therapy Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and cli ...

) 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,

Kate Brown signed the bill into law, and it went into effect on July 1, 2015.

Education

In June 2021, a bill (SB52) passed the

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 Oregon Kate Brown signed the bill into law in July 2021 and went into effect immediately.

Politics

Oregon Governor Kate Brown is the first openly

bisexual Bisexuality is a romantic or sexual attraction or behavior toward both males and females, or to more than one gender. It may also be defined to include romantic or sexual attraction to people regardless of their sex or gender identity, whi ...

governor in United States history. Oregon's House Speaker, Tina Kotek, is openly

lesbian A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...

, married to her spouse Aimee Wilson. Michael McShane, the judge who struck down Oregon's same-sex marriage ban, is also openly gay.

Sam Adams Samuel Adams ( – October 2, 1803) was an American statesman, political philosopher, and a Founding Father of the United States. He was a politician in colonial Massachusetts, a leader of the movement that became the American Revolution, and ...

was Portland's first openly gay city councilor and the first openly gay mayor of a top-30 U.S. city.

Public opinion

A 2017

(PRRI) opinion poll found that 67% of Oregonians supported same-sex marriage, while 25% opposed it and 7% were unsure. The same poll found that 72% of Oregonians supported an anti-discrimination law covering sexual orientation and gender identity. 21% were opposed. 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.Public opinion on religiously based refusals to serve gay and lesbian people by state: Oregon
/ref>