Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding the rights of gay, lesbian and bisexual people is brought to you as a public service by the lawyers of the State of Oregon. The material presented is intended to alert you to possible legal problems and solutions.

This topic will briefly discuss employment discrimination, child custody and visitation rights, criminal charges, and several local ordinances that address rights. For information on the legal status of people who live together without being married, see Living Together without being Married.

Under the Oregon Constitution, the law must be applied equally to gay, straight, and bisexual people. If homosexuality or bisexuality is an issue or potential issue in any legal matter with which you are concerned, you should promptly seek out competent, experienced and sympathetic legal assistance. If you do not have a lawyer, you may call the Oregon State Bar Lawyer Referral Service at 503-684-3763 or 800-452-7636 for a referral to a private attorney. The Oregon State Bar’s online lawyer referral service is available here. You may also contact the Oregon Gay and Lesbian Law Association at PO Box 876, Portland, OR 97207.

What legal protections are available against employment discrimination based on sexual orientation?
If you are a state, municipal or other local public employee, your employer may not discriminate against you because of sexual orientation or because you are not married to your same-sex partner. Federal law does not provide such protections to federal employees.

In addition, case law and some local ordinances establish that private employers may not treat you differently from other employees based on sexual orientation. If you believe that you have been sexually harassed or discriminated against by a private employer, you may have a legal claim against that employer. The Bureau of Labor and Industries can also help enforce state non-discrimination law and some local ordinances. The phone number for the Civil Rights Division of the Bureau of Labor and Industries is 503-673-0761.

What about other kinds of discrimination?
State law does not prohibit discrimination based on sexual orientation in housing or places of public accommodation, such as hotels, restaurants, or other businesses. Unless the law is changed, landlords and businesses in many communities may refuse to serve you because of your sexual orientation. If you have a question about such discrimination, you should ask a lawyer about the current laws.

In other communities, you may be protected by local ordinance. Among communities with such laws are Ashland, Corvallis, Eugene, Lincoln City, and Portland, and Multnomah and Benton counties. The City of Ashland, for example, has a Fair Housing ordinance that prohibits discrimination based on sexual orientation in housing. The Corvallis and Portland ordinances prohibit discrimination in places of public accommodation and housing. The Bureau of Labor and Industries and the Fair Housing Council can help enforce these ordinances. The civil rights division of the Bureau of Labor and Industries can be reached at 503-673 0761 and the Fair Housing Council of Oregon may be reached at 503-223-8197 from Portland, and at 800-424-3247 from outside Portland.

Will I be denied custody of my child because I am gay, lesbian or bisexual?
A court will make decisions involving child custody and visitation based upon the best interest of the child. A parent's sexual orientation, whether heterosexual, bisexual, or homosexual, does not determine the outcome of a custody or visitation question. There have been numerous cases in which Oregon courts have awarded custody or visitation rights to a gay or lesbian parent. The non-gay party who attempts to limit a gay person's access to a child must show some serious harm to the child resulting from the gay parent's sexual orientation before a gay parent will be denied visitation or custody of his or her child.

Can I be charged with a crime relating to my sexual orientation?
If you have been charged with a criminal offense that is related to sex or your sexual orientation, it is extremely important to obtain competent and understanding legal assistance. In Oregon, sexual orientation per se is not a criminal offense.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.