SB 786 considers gender identity
A state senate bill introduced in March would outlaw sexual orientation or gender identity discrimination if approved

Aimee Rudin
City/State Politics Reporter

May 08, 2003
Oregon law currently protects against discrimination based on race, color, religion, sex and national origin.

There is no law, however, saying individuals cannot be discriminated against based on their sexual orientation or gender identity. Senate Bill 786 would change this.

Sen. Kate Brown, D-Portland, introduced SB 786 in early March. It is a nondiscrimination bill in employment, housing, public accommodation, public assistance and education. The bill would protect the basic rights of Oregonians regardless of sexual orientation or gender identity, and would authorize enforcement of prohibition through civil action for actual and punitive damages.

According to the Oregon Statewide Student Equal Rights Alliance, a person can currently be "legally fired, denied housing or made to endure daily harassment just because of their sexual orientation or gender identity." Oregon is the only state on the West Coast that provides no protection against any of these practices.

This is not the first attempt to pass legislation guarding against discrimination based on sexuality. According to Basic Rights Oregon, "nondiscrimination legislation has been sponsored nearly every session since the 1970s, but this is the first year it will include gender identity as well as sexual orientation."

Austin Shaw-Phillips, a board member for OSSERA, said Senate Bill 786 is important because it would offer lesbian, gay, bisexual, queer and transgender individuals recourse against discrimination.

"The point of this bill is not to get people in trouble," Shaw-Phillips said. "The point is to give queer people a little ground to stand on in supporting their civil rights."

Senate Bill 786 is presently in Sen. Brown's Rules Committee. According to the senator, there will be hearings on the bill this month. Brown is expecting a high level of opposition to the bill, and said she does not expect to see a vote for some time.

"We have been trying for over 25 years to pass this sort of legislation," she said. "At this point, the passage of the bill has more to do with partisanship than anything."

There have been a few court cases in lower Oregon courts that have addressed discrimination based on sexual orientation. In Tanner v. Oregon Health Sciences University, an appellate court ruled that a state law barring employment discrimination on the basis of sex also prohibits discrimination based on sexual orientation. Brown said Tanner was a landmark case and could help to promote equal rights for all Oregonians, even if Senate Bill 786 does not pass.

"We may be able to pass through litigation what we have so far been unable to pass through legislation," Brown said. "This is going to be an uphill battle, but it is my dream to see Senate Bill 786 pass."

Sen. Brown can be contacted at (503) 986-1704. Three other senators represent the University and the surrounding area: Sen. Tony Corcoran, D-Cottage Grove, can be contacted at (503) 986-1704, Sen. Bill Morrisette, D-Springfield, can be contacted at (503) 986-1706 and Sen. Vicki Walker, D-Cottage Grove, can be contacted at (503) 986-1707.

Contact the senior reporter
at aimeerudin@dailyemerald.com.