Oregon House approves pair of gay-rights bills

SALEM, Ore. — Oregon's gays and lesbians would win the benefits of marriage and protections against discrimination under landmark bills approved Tuesday by the Oregon House.

The two measures go to the Senate, where they are expected to win approval and be forwarded to Gov. Ted Kulongoski, a strong supporter who plans to sign both. Kulongoski called House passage of the bills "a great day for Oregon."

With dozens of gay-rights activists looking on from the upper galleries, the two measures won the unanimous endorsement of the House's majority Democrats, with a few Republicans adding support.

One would enable same-sex couples to enter into contractual relationships that grant them the same benefits offered to married couples under state law. The bill refers to the relationships as "domestic partnerships."

The other bill would ban discrimination against gays, lesbians, bisexuals and transgendered people in employment, housing and access to public accommodations.

In 2005, the Democratic-controlled Senate passed legislation that contained elements of both bills. But Republicans who controlled the House then refused to let the issues come to a vote, saying that the marriage-benefits bill, in particular, would violate the intent of Oregon voters who approved a constitutional ban on gay marriage in November 2004.

The results of the November 2006 election cleared the way for the proposals, as Democrats regained control of the House and kept their Senate majority.

Under the domestic-partnership bill, same-sex couples would receive the same benefits granted to married people under Oregon law. There are several hundred benefits, relating to inheritance rights, child-rearing and custody, joint tax filings, joint health, auto and homeowners insurance policies, visitation rights at hospitals and others.

However, those couples would be excluded from more than 1,000 benefits reserved for married couples under federal law, including Social Security, joint filing of federal taxes and others.

An opponent of the bill, Republican Rep. Dennis Richardson, said a more fair approach would be to pass a "reciprocal benefits" bill to allow a more limited range of marriage-style benefits to two people, such as elderly sisters, who live together.

"This bill is in fact marriage by another name," the Central Point lawmaker said of the domestic-partnership bill. "It creates special rights for gay and lesbian couples based on their sexual orientation."

Another opponent, Rep. Greg Smith, R-Heppner, said he opposes the bill on moral grounds.

"There are some of us who view homosexuality in all of its forms as a sin," Smith said.

But Rep. Sara Gelser, a Corvallis Democrat who has served as a Christian youth minister, said she strongly backs the bill on moral grounds because it offers rights to committed same-sex couples, many of whom are raising children.

"It allows us to offer protection to these families when they need it most," Gelser said.

The measure was sent to the Senate on a 34-26 vote, which included backing from Republican Reps. Vicki Berger of Salem, Chuck Burley of Bend and Bob Jenson of Pendleton.

The anti-discrimination bill was approved after backers said that while there are a dozen local ordinances offering civil-rights protections to gays and lesbians, Oregon needs to have a law on the books to make it a uniform statewide policy.

Rep. Diane Rosenbaum, a co-sponsor of the bill, said lawmakers had heard testimony about instances of discrimination, including from one Salem man who was fired from his job at a retail store for being "too gay."

"Do we have the courage to confront that injustice?" the Portland Democrat said.

Richardson, the Central Point Republican, argued that the state shouldn't offer civil-rights protection to a group based solely on sexual orientation.

"It is not in the best interests of the state to enshrine in Oregon's bill of rights a behavior-based orientation," he said.

The measure must return to the Senate because the House amended it to strengthen an exemption for religious groups.

The revisions make it clear that faith groups, including those not tied to a specific church or denomination, could avoid hiring or serving people based on their sexual orientation.

Language also was added to make it clear that religious schools, day-care centers, camps, thrift stores, bookstores, radio stations and shelters are exempted.

That measure passed 35-25, with Democrats being joined by four Republicans — Berger, Burley, Jenson and Rep. John Dallum of The Dalles.