LGBTQ rights in Oregon | |
|---|---|
 | |
| Legal status | Legal since 1972 (Legislative repeal) |
| Gender identity | Transgender people allowed to change gender,surgery not required |
| Discrimination protections | Sexual orientation and gender identity are protected categories |
| Family rights | |
| Recognition of relationships | Domestic partnerships since 2008; Same-sex marriage since 2014 |
| Adoption | Same-sex couples may jointly adopt |
| Part ofa series on |
| LGBTQ rights |
|---|
 |
| Lesbian ∙Gay ∙Bisexual ∙Transgender ∙Queer |
Overview |
 LGBTQ portal |
Lesbian, gay, bisexual, and transgender, and queer (LGBTQ) people in theU.S. state of Oregon have the same legal rights as non-LGBTQ people.[1]Oregon became one of the first U.S. jurisdictions to decriminalizesodomy in 1972, andsame-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 accessdomestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based onsexual orientation andgender identity in the areas of employment, housing and public accommodations is outlawed in the state under theOregon Equality Act, enacted in 2008.Conversion therapy on minors is also illegal.
Oregon is frequently referred to as one of theUnited States' most LGBTQ-friendly states,[2] and is home to an active LGBT community with multiple bars, clubs, venues, events and other establishments. GovernorKate Brown (served 2015–2023) was the nation's first openly bisexual governor. A 2019 opinion poll conducted by thePublic Religion Research Institute showed that 70% of Oregonians supported anti-discrimination legislation protecting LGBTQ people.[3]
DuringEuropean 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 theNative Americans, perceptions towards gender and sexuality were very different from those of the Western world. TheNorthern Paiute people, for instance, recognize male-bodied individuals who act, behave and live as women, known astüdayapi. Similarly, among theModoc and theKlamath peoples,t'winiːq individuals form a "third gender" alongside male and female.
Oregon, then known as theOregon Territory, adopted its first criminal code in 1850. It made no mention ofsodomy orcommon law crimes. This changed in 1853, when theOregon 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-calledPortland vice scandal. In 1913, theOregon Supreme Court, inState v. Start, held thatfellatio (oral sex), whether heterosexual or homosexual, also constituted an offence, and similarly in 1928 that mutualmasturbation 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 totalcastrations performed in theUnited States between 1907 and 1921. The state enacted another sterilization law in 1923, providing for the castration oroophorectomy 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 ofState 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]
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, theOregon Legislative Assembly repealed the consensual sodomy law and established anage 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 onfree 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 JudgeMichael McShane ruled that the state's 2004 constitutional amendment banning such marriages was unconstitutional in relation to theEqual Protection Clause of theFederal Constitution.[5] Prior to that ruling, same-sex marriage was prohibited by theState Constitution due to the passage of aballot 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 theOregon 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, theOregon 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 theOregon Legislative Assembly to allow opposite-sex couples to formally enter into a domestic partnerships. The bill was signed into law by theGovernor of Oregon and goes into effect on January 1, 2024.[13]
Same-sex couples, whether unmarried or married, may apply to adopt. Lesbian couples have access to assisted reproduction services, such asin 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]
In July 2025 the9th U.S. Circuit Court of Appeals ruled the State's adoption requirement to “respect, accept and support” a child’sgender expression and sexual orientation was unconstitutional.[16] The lawsuit was the result ofOregon Department of Human Services preventing an Oregon woman seeking to adopt.[16]
_-_161.JPG)
_-_189.JPG)
Since January 1, 2008, Oregon has banned unfair discrimination in employment, housing, and public accommodations based on sexual orientation or gender identity.[17] The protections were added by theOregon Equality Act, signed into law by GovernorTed Kulongoski on May 9, 2007.[18] "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."[19]
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 allpublic schools.[20]
In October 2019, GovernorKate Brown signed anexecutive 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 athird gender option ("X") as a sex descriptor.[21]
In June 2021, theOregon Legislative Assembly passed a bill to update the 2008 legal definition of "gender identity". TheGovernor of OregonKate Brown signed the bill into law and becomes effective immediately.[22][23]
Effective from January 1, 2022, a law (that was overturned by the courts on May 11, 2022[24]) banningreal 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 theGovernor of OregonKate Brown signed a bill (HB2550) into law in June 2021.[25]
Statehate 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).[26]
In May 2021, both theOregon Legislature passed and theGovernor of OregonKate Brown signed the bill SB704 into law (effective January 1, 2022) - a law to abolish the archaiccommon-law "gay panic defence" and/or "trans panic defence" withinmurder,manslaughter andhate crime legal cases in allOregon court rooms for judges, lawyers and/or juries.[27][28][29][30][31]
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.[32]
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.[33] In addition, in August 2014, state officials announced that Oregon Medicaid would shortly begin covering hormone therapy and other treatments related to sex reassignment.[34]
On June 10, 2016, an Oregon circuit court ruled that a resident could legally change their gender tonon-binary. TheTransgender Law Center believed this to be "the first ruling of its kind in the U.S."[35] Since July 1, 2017, the OregonDepartment 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.[36] The "X" option is also available for birth certificates.[14]
In May 2017, a bill passed theOregon 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.[37] In January 2019, RepresentativeKarin Power introduced a bill to amend a 1951 Oregon mental health law that equated "transvestites" withpedophilia. 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.[38][39][40]
In December 2020, theU.S. Supreme Court deniedcertiorari toParents for Privacy v. Barr, a case that had challenged a transgender-inclusive policy in public schools. TheUnited States District Court for the District of Oregon had ruled against the plaintiffs on July 24, 2018; a decision upheld by theNinth Circuit Court of Appeals on February 12, 2020.[41][42][43]
In May 2023, theOregon 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 theOregon Senate for a time, because the GOP staged a record-breakingly longboycott.[44][45][46] In late June, the boycott ended and the bill finally passed the Senate with "watered down amendments". The House concurred to passed the amendments and was finally enrolled to the Governor's desk.GovernorTina Kotek signed the bill into law on July 13, 2023.[47][48]
In July 2025 the9th U.S. Circuit Court of Appeals ruled the State's adoption requirement to “respect, accept and support” a child’s gender expression andsexual orientation was unconstitutional.[49]
TheU.S. Department of Education announced aTitle IX investigation intoOregon Department of Education for allowing transgender women to compete in women’s sports.[50]
Oregon became the third state to ban performingsexual orientation change efforts (conversion therapy) on minors. In 2015, theLegislative 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.[51][52]
In June 2021, a bill (SB52) passed theOregon 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. TheGovernor of OregonKate Brown signed the bill into law in July 2021 and went into effect immediately.[53]
In June 2025, a bill passed theOregon Legislature that would explicitly “protect books from being banned, censored, destroyed and/or removed from library shelves”. TheGovernor of Oregon signed the bill into law - and went into effect immediately, just one week after the Legislature approved the bill. California, Illinois, Washington State, Minnesota, Maryland and New York State has also enacted similar legislation.[54][55]
Oregon's governor,Tina Kotek, is openlylesbian, married to her spouse Aimee Wilson. Former Oregon GovernorKate Brown was the first openlybisexual governor in United States history. Michael McShane, the judge who struck down Oregon's same-sex marriage ban, is also openlygay.Sam Adams was Portland's first openly gay city councilor and the first openly gay mayor of a top-30 U.S. city.[56]
A 2022Public 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.[57]
| Poll source | Date(s) administered | Sample size | Margin of error | % support | % opposition | % no opinion |
|---|---|---|---|---|---|---|
| Public Religion Research Institute | January 2-December 30, 2019 | 854 | ? | 70% | 23% | 7% |
| Public Religion Research Institute | January 3-December 30, 2018 | 1,006 | ? | 72% | 23% | 5% |
| Public Religion Research Institute | April 5-December 23, 2017 | 1,130 | ? | 72% | 21% | 7% |
| Public Religion Research Institute | April 29, 2015-January 7, 2016 | 1,296 | ? | 77% | 16% | 7% |
| Same-sex sexual activity legal with an equal age of consent |  (Since 1972) |
| Anti-discrimination laws for both sexual orientation and gender identity | (Since 2008) |
| Repealed the “defunct” state Constitutional ban on same sex marriage |  [58] |
| Same-sex marriages enacted by legislation, but a “defunct ban” under the state Constitution remains | (Since 2014) |
| Recognition of same-sex couples (e.g.domestic partnership) | (Since 2008) |
| Full parentage and adoption rights for children of same-sex couples, regardless of marital status | (Since 2007) |
| Ban on book bans implemented | (Since 2025) |
| Lesbian, gay and bisexual people allowed to serve openly in the military | (Since 2011) |
| Transgender people allowed to serve openly in the military | (Since 2025, by anexecutive order and SCOTUS decision) |
| Intersex people allowed to serve openly in the military | (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military)[59] |
| Conversion therapy banned on minors | (Since 2015) |
| Abolished thecommon-law "gay or trans panic defence" | (Since 2022) |
| Right to change legal gender and athird gender or "gender X" options on both driver's licences and birth certificates | (Since 2017) |
| Intersex individuals legally protected from genital mutilations, especially babies | |
| Access to IVF for lesbian couples | |
| Surrogacy arrangements for gay male couples | |
| MSMs allowed to donate blood | (Since 2023, on the condition of being monogamous) |
