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 primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

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

Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...

, and

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

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 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 ...

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 cl ...

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 territori ...

' 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 Katherine Brown (born June 21, 1960) is an American politician and attorney serving as the 38th governor of Oregon since 2015. A member of the Democratic Party, she served three terms as the state representative from the 13th district of the ...

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 politic ...

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 subcontinent of Eurasia and it is located entirel ...

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

Klamath people The Klamath people are a Native American tribe of the Plateau culture area in Southern Oregon and Northern California. Today Klamath people are enrolled in the federally recognized tribes: * Klamath Tribes (Klamath, Modoc, and Yahooskin (Yah ...

s, '' 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 usuall ...

" alongside male and female. Oregon, then known as the

Oregon Territory The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. O ...

, 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 ''sod ...

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 omnipres ...

crimes. This changed in 1853, when the

Oregon Territorial Legislature Oregon's Territorial Legislature was a bicameral legislative body created by the United States Congress in 1848 as the legislative branch of the government of the Oregon Territory. The upper chamber Council and lower chamber House of Representati ...

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 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 Fellatio (also known as fellation, and in slang as blowjob, BJ, giving head, or sucking off) is an oral sex act involving a person stimulating the penis of another person by using the mouth, throat, or both. Oral stimulation of the scrotu ...

(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

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 pharma ...

s performed in the

between 1907 and 1921. The state enacted another sterilization law in 1923, providing for the castration or

oophorectomy Oophorectomy (; from Greek , , 'egg-bearing' and , , 'a cutting out of'), historically also called ''ovariotomy'' is the surgical removal of an ovary or ovaries. The surgery is also called ovariectomy, but this term is mostly used in reference ...

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 Cunnilingus is an oral sex act performed by a person on the vulva or vagina of another person. The clitoris is the most sexually sensitive part of the human female genitalia, and its stimulation may result in a woman becoming sexually aroused ...

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 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 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 right to freedom of expression has been recog ...

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 sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

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. 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'' 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 Oregon Legislative Assembly 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) f ...

, 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 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'', signed into law by Governor

Ted Kulongoski Theodore Ralph Kulongoski ( ; born November 5, 1940) is an American politician, judge, and lawyer who served as the 36th Governor of Oregon from 2003 to 2011. A member of the Democratic Party, he served in both houses of the Oregon Legislative As ...

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. In October 2019, Governor

signed an

executive order In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of t ...

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 Oregon Legislative Assembly passed a bill to update the 2008 legal definition of "gender identity". The

Governor of Oregon The governor of Oregon is the head of government of Oregon and serves as the commander-in-chief of the state's military forces. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. ter ...

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

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

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).

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 ...

passed and the

signed the bill SB704 into law (effective January 1, 2022) - a law to abolish the archaic

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 ...

" gay panic defence" and/or "trans panic defence" within murder, manslaughter and hate crime 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 Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and a ...

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 Non-binary and genderqueer are umbrella terms for gender identities that are not solely male or femaleidentities that are outside the gender binary. Non-binary identities fall under the transgender umbrella, since non-binary people typically ...

. The

Transgender Law Center The Transgender Law Center (TLC) is the largest American transgender-led civil rights organization in the United States. They were originally California's first "fully staffed, state-wide transgender legal organization" and were initially a fisca ...

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 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. In January 2019, Representative Karin Power introduced a bill to amend a 1951 Oregon mental health law that equated "

transvestite Transvestism is the practice of dressing in a manner traditionally associated with the opposite sex. In some cultures, transvestism is practiced for religious, traditional, or ceremonial reasons. The term is considered outdated in Western ...

s" with

pedophilia Pedophilia ( alternatively spelt paedophilia) is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children. Although girls typically begin the process of puberty ...

. 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 ...

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'' 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 The United States District Court for the District of Oregon (in case citations, D. Ore. or D. Or.) is the federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union ...

had ruled against the plaintiffs on July 24, 2018; a decision upheld by the

Ninth Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

on February 12, 2020.

Conversion therapy

Oregon became the third state to ban performing

sexual orientation change efforts 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 ...

(

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 cl ...

) 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,

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

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

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

Politics

Oregon Governor

is the first openly bisexual governor in United States history. Oregon's House Speaker,

Tina Kotek Tina Kotek (born September 30, 1966) is an American politician and the governor-elect of Oregon. Kotek served as Speaker of the Oregon House of Representatives from 2013 to 2022. She was the first openly lesbian person to serve as a speaker of ...

, 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 ''Gay'' is a term that primarily refers to a homosexual person or the trait of being homosexual. The term originally meant 'carefree', 'cheerful', or 'bright and showy'. While scant usage referring to male homosexuality dates to the late 1 ...

. Sam Adams 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>