Oregon Sex Laws
https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx
Last update: 9/7/2014
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Chapter 182 Oregon Laws 2007
AN ACT
HB 2700
Relating to contraception; creating new provisions; and amending ORS 750.055 and 750.333.
Be It Enacted by the People of the State of Oregon:
SECTION 1. The Legislative Assembly declares that:
(1) It is the public policy of this state that all Oregonians’ right to freedom from unreasonable government intrusion into their private lives, and specifically the right of consenting individuals to obtain and use methods of contraception without interference by governmental entities, shall be safeguarded; and
(2) The laws of this state must be interpreted and construed to recognize and protect these rights.
Chapter 268 Oregon Laws 2007
AN ACT
HB 2154
Relating to Sexual Assault Victims’ Emergency Medical Response Fund; amending ORS 147.225 and 147.231 and sections 1, 2 and 8, chapter 789, Oregon Laws 2003; repealing sections 9 and 11, chapter 789, Oregon Laws 2003; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 1, chapter 789, Oregon Laws 2003, is amended to read:
Sec. 1. As used in section 2, chapter 789, Oregon Laws 2003 [of this 2003 Act]:
(1) “Complete medical assessment” means an assessment that consists of:
(a) A medical examination;
(b) The collection of forensic evidence using an evidence collection kit approved by the Department of State Police; and
(c) The offering and, if requested, provision of [prescriptions for] emergency contraception, [and] sexually transmitted disease prevention and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception.
(2) “Medical assessment” means a complete or partial medical assessment.
(3) “Partial medical assessment” means an assessment that consists of:
(a) A medical examination; and
(b) The offering and, if requested, provision of [prescriptions for] emergency contraception, [and] sexually transmitted disease prevention and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception.
Chapter 789 Oregon Laws 2003
AN ACT
SB 752
Relating to sexual assault medical assessments; creating new provisions; amending ORS 147.225 and 147.231; repealing ORS 147.375; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. As used in section 2 of this 2003 Act:
(1) “Complete medical assessment” means an assessment that consists of:
(a) A medical examination;
(b) The collection of forensic evidence using an evidence collection kit approved by the Department of State Police; and
(c) The offering and, if requested, provision of prescriptions for emergency contraception and sexually transmitted disease prevention.
(2) “Medical assessment” means a complete or partial medical assessment.
(3) “Partial medical assessment” means an assessment that consists of:
(a) A medical examination; and
(b) The offering and, if requested, provision of prescriptions for emergency contraception and sexually transmitted disease prevention.
Same-sex marriage in Oregon became legal on May 19, 2014 when a U.S. federal district court judge ruled that Oregon's 2004 state constitutional amendment banning such marriages violated the Equal Protection Clause of the federal constitution.[1]
Oregon began recognizing same-sex marriages from other jurisdictions in October 2013. Domestic partnerships have been allowed since 2008.
Domestic partnership in Oregon
From Wikipedia, the free encyclopedia
In April and May 2007, following a previous attempt in 2005, the Oregon state legislature passed legislation to make virtually all of the rights afforded by the state to married couples available to same-sex couples. The status is referred to in Oregon law as a domestic partnership, avoiding the use of the terms marriage or civil union. Governor Ted Kulongoski signed the bill on May 9, 2007. While January 1, 2008 was the date the statute would have taken effect, a court challenge had delayed its implementation. It was resolved on February 1, 2008, and the law went into effect that day, with registrations beginning on February 4, 2008.[1]
History[edit]
On July 8, 2005, Oregon state senators approved legislation to allow same-sex civil unions. As originally written, Oregon Senate Bill 1000 would create civil unions and prohibit discrimination based on sexual orientation in housing, employment, public accommodations and public services.[2] The vote at the Oregon State Capitol in Salem was 19-10 in favor of the measure.
The Republican Speaker of the Oregon House of Representatives, Karen Minnis, announced that she would not let the bill be passed. On July 21, the House performed a series of moves where the bill was amended, removing most of its language and replacing it with different text (seen by some to be a "gut and stuff"[3] maneuver). The new text of Senate Bill 1000 no longer contained language about sexual orientation, prohibition of discrimination, nor civil unions. Instead, it reaffirmed the recent state constitutional prohibition of same-sex marriage and proposed to create "reciprocal beneficiary agreements".[4] "Reciprocal beneficiaries" could be any two people prohibited by law from marrying each other, such as a "widowed mother and her unmarried son", and would not have the rights and obligations of married persons, specifically excluding employer-granted benefits such as health insurance or retirement benefits. Reciprocal beneficiaries would be granted inheritance rights, and the power to make medical or financial decisions if the reciprocal beneficiary was incapacitated.
The changes effectively killed momentum to pass the bill, which died in committee.
However, after the November 2006 mid-term elections Democrats won a majority of the formerly Republican-controlled House,[citation needed] and in early 2007, Democrats re-introduced a bill in the House similar to the 2005 legislation. The bill adopted the term "domestic partnership" to describe these unions; the terms "marriage" or "civil union" were absent. This bill enjoyed a relatively easy passage through the legislature, when compared to its 2005 predecessor. Passed by the House on April 17, 2007 (by a vote of 34-26) and by the Senate on May 2, 2007 (by a vote of 21-9), Governor Kulongoski signed the Oregon Family Fairness Act on May 9, 2007. The law was scheduled to take effect January 1, 2008, but was delayed by a preliminary injunction until after a hearing on February 1, 2008, where the injunction was lifted. Domestic partnerships became effective from February 4, 2008.
Differences in the legislation[edit]
Given the use of the term "domestic partnerships", the Oregon legislation is more in line with Washington state's recognition of same-sex relationships and California's recognition of same-sex relationships, as opposed to the civil union legislation created in Vermont, New Jersey, and New Hampshire. However, unlike the registries in California and Washington state, domestic partnerships in Oregon are not available to opposite-sex senior couples.
Oregon's legislation has no ceremony requirement. All marriage and civil union legislation require a ceremony, whether religious or civil, to be considered valid. In Oregon couples are required only to register their domestic partnerships through the submission of a paper form. Additionally, the Oregon statute states that "the legal recognition of domestic partnerships under the laws of this state may not be effective beyond the borders of this state and cannot impact restrictions contained in federal law."[5]
House Bill 2839[edit]
House Bill 2839 was introduced during the 2009 legislative session to make some technical fixes to the state's exiting domestic partnership legislation, including in the areas of taxation and health insurance benefits and entitlements, taking a domestic partner's surname, and clarifying the term "domestic partnership" and "civil union" as used in other states, so that the state of Oregon would recognize them as "domestic partnerships".[6] The Governor signed the bill into law on June 25, 2009.
Delays[edit]
In 2007, an attempted referendum to repeal these laws before they take effect failed to gather enough signatures. Such an effort, accomplished by a petition putting the laws to voter approval via a ballot question, would have delayed enforcement of the law to January 1, 2009.[7][verification needed][8][verification needed] In September 2007, groups challenging the amendment submitted approximately 63,000 signatures in favor of repealing the legislation; the minimum number of signatures required for a referendum is 55,179. The Secretary of State's office later determined that only 55,063 valid signatures were collected, thereby removing a barrier to a January 1, 2008 effective date.[9] On December 28, federal judge Michael W. Mosman issued an injunction preventing implementation of the law, after hearing a legal challenge (by a group opposing the measure) criticizing the method used by the Secretary of State's office to determine what constitutes a valid signature.[10][verification needed] A hearing on this issue was then scheduled for February 1, 2008, when the injunction was lifted, allowing the law to go in force immediately, with registrations beginning on February 4, 2008.[1][11]
From:
http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts
Geiger v. Kitzhaber & Rummel v. Kitzhaber
5/19/14 • Federal Court Ruling
Federal court decision declaring that same-sex couples in OR have the freedom to marry and that marriages legally performed in other states must be respected. No party appealed, and the freedom to marry took effect in Oregon.
Oregon Constitution - Article XV Miscellaneous
Section 5a. Policy regarding marriage. It is the policy
of Oregon, and its subdivisions, that only a marriage between one man and one
woman shall be valid or legally recognized as a marriage.
Issues marriage licenses.
Other relationship performed: Same-sex marriage since May 19, 2014; Domestic partnerships since February 4, 2008.
Other relationship recognition from other jurisdictions for same-sex couples : same-sex unions granted by other States
Same-sex marriage has been prohibited by the state constitution since the passage of a ballot measure on November 2, 2004.[81] Proponents formed a campaign to place a same-sex marriage initiative on the ballot in November 2014.[82]
Domestic partnerships for same-sex couples have been available since February 4, 2008, when the Oregon Family Fairness Act took effect.[83] Oregon has provided benefits to same-sex partners of state employees since 1998.[84] Since October 16, 2013, based on an opinion from the Oregon Department of Justice, Oregon has recognized same-sex marriages from other jurisdictions.[85] 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 were unconstitutional.