Partnership and Family

PARTNERSHIP AND FAMILY RECOGNITION

History
In 2004, Oregonians approved Measure 36, a Constitutional Amendment that defined marriage as “between one man and one woman.”

With marriage constitutionally precluded for families headed by same-sex couples, Oregonians sought to identify a different way to offer those families some measure of security. Governor Kulongoski appointed a panel of business, faith and community leaders to explore the issue.  Based on their recommendations, the Oregon Family Fairness Act (HB 2007) was introduced in Salem in early 2007 to enable same-sex Oregonians to register as domestic partners, with the same rights and privileges under state law as married couples.  The bill passed the Legislature with bipartisan support and in May 2007, Governor Kulongoski signed it into law.

Same-sex couples around the state prepared to register as domestic partners on January 2, 2008, the date that the Oregon Family Fairness Act was supposed to go into effect, but out-of-state anti-equality interests filed a lawsuit to block Oregon’s domestic partnership law before that date.  The law was put on hold.  Basic Rights Oregon, our allies, and thousands of people around the state sprang into action to help defeat the lawsuit, known as Lemons v. Bradbury.  Fortunately, a federal court ruled that the case was without merit.

The domestic partnership law went into effect on February 4, 2008.  Same-sex couples were finally afforded the rights and responsibilities that should be provided to all couples who make the commitment to care for one another.

Domestic Partnership

The Oregon Family Fairness Act, Oregon’s domestic partnership law, provides the legal protections necessary for families to care for their loved ones. This legal recognition keeps children safe in the event of crisis, brings financial and emotional security, and strengthens our community as a whole.

While domestic partnerships are not the same as marriage, they do provide a way for committed same-sex couples to protect and care for the people they love.

For more information the rights and responsibilities provided by Oregon’s domestic partnership law check out the Top 25 Rights and Responsibilities, the Domestic Partnership Resource Guide (which includes answers to frequently asked questions), or read the text of the law.

Civil Marriage for Same-Sex Couples in Oregon

Domestic partnership is a step in the right direction, but it has many limitations. That is why Basic Rights Oregon is dedicated to winning marriage equality.

The path to marriage equality at the national level runs through the states, and Oregon is an important part of that national effort.  To achieve marriage equality in Oregon, we must first repeal Measure 36, the 2004 Constitutional Amendment that defined marriage as “between one man and one woman.”   We have already challenged the constitutionality of Measure 36 in a case called Martinez v. State of Oregon, but that suit was not successful.  It is clear that to win marriage equality, we must take it to the people.  BRO is committed to doing that through a proactive ballot measure as early as 2012.  But to be successful, we have to lay a solid foundation.

To that end, BRO has launched an online campaign called Get Engaged as part of a broader statewide education campaign.  The campaign encourages gay couples and their supporters to speak out about the freedom to marry to shift the dialogue and win public support.

To win marriage in Oregon, we are all going to have to get engaged.  Find out how you can help!

Parenting

If you have a question about adoption, we recommend that you contact a family law attorney on the LGBT-friendly lawyer referral list on the Oregon Gay and Lesbian Law Association website.

Oregon law permits any person, including an LGBT individual, to petition to adopt a child and also permits a same-sex couple to petition to adopt a child.  There is no explicit prohibition on a same-sex partner petitioning to adopt a partner’s child or child of the relationship – and couples have done so successfully — but no state court has ruled on the issue as far as we know.

Children born to female registered Oregon Domestic Partners are considered the children of the birth mother and the non-biological mother for purposes of Oregon law, but that relationship is legally-recognized only in Oregon.  Once you leave the state, the non-biological mother will not be considered a legal parent of the child, even though her name is on the child’s birth certificate.  By adopting the child, the non-birth mother will be considered the child’s parent for purposes of federal law and the law of all 50 states.

The issue gets more complicated when a child is born to male registered Oregon Domestic Partners.  Such couples should consult a family law attorney to determine their rights.