The Oregon Legislature will take another look at gay rights in the state as two proposed bills, put forward by an equal-rights task force, look to allow same-sex civil unions and to expand state anti-discrimination laws.
The two bills, the Oregon Family Fairness Act and the Oregon Equality Act, have not been introduced into the legislature, although supporters say the bills and their texts will appear by Tuesday or Wednesday.
The bills were written in response to recommendations from Gov. Ted Kulongoski’s Taskforce on Equality, which reviewed state laws and cases to see that all Oregonians receive protection from discrimination.
The Oregon Family Fairness Act, known as House Bill 2007, would recognize same-sex couples through civil unions and grant legal protections and responsibilities similar to rights given to heterosexual married couples, according to a bill summary.
Bryan Boyd, a spokesman for the gay rights group, Basic Rights Oregon, said the bill is based on Vermont’s civil unions law. It is an answer to Measure 36, a 2004 state amendment that banned gay marriage, he said.
“Civil unions are the only reasonable compromise,” Boyd said. “It’s a remedy right now and it’s the best we can do under Measure 36.”
The last attempt to create civil unions was Senate Bill 1000 in 2005, which passed in the Oregon Senate but died in the then Republican-controlled Oregon House.
The Oregon Family Fairness Act differs from Senate Bill 1000 by creating a statute for civil unions that is different than marriage and by allowing same-sex couples to marry through a county clerk instead of through a clergy member or a judge to make it official, according to the summary.
The Oregon Equality Act would prohibit statewide discrimination based on sexual orientation in housing, employment, education, public accommodation and public services. Currently, anti-discrimination laws for sexual orientation exist only in Multnomah and Benton counties and in 10 cities, including Eugene, Corvallis, Bend, Salem and Portland.
Boyd said he is hopeful that the legislature and Oregonians would support the bills, citing January polls conducted by Basic Rights Oregon that suggest a majority support for legal protections for same-sex couples. Although both bills have not yet been introduced, they are likely to encounter some opposition.
Nick Graham, a spokesman for the Oregon Family Council, said he couldn’t comment on the bills because he hadn’t read the texts. Depending on the wording of the bills, the group is likely to oppose both of them, he said.
Graham said the council, which sponsored Measure 36, did not intend the measure to deal with civil unions, although he doesn’t think legal benefits of civil unions should just be applied just to same-sex couples.
“We still believe that we don’t want to disturb even the spirit of Measure 36, and making civil unions identical to marriage is simply calling it something else,” Graham said. “One of the things we’re going to look for is a clear, across-the-board religious exemption, because it’s critical that religious institutions and people of faith not be required to alter their religious or philosophical position.”
Graham said reciprocal benefits should be allowed instead of civil unions, but Boyd said reciprocal benefits provide only a minority of basic benefits to same-sex couples, while civil unions offer about 500 different protections at the state level.
Basic Rights Oregon is planning a March 7 rally in Salem to support the bills, while opponents say they will debate the issue when the texts of the bills are released.
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