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Oregon Democrats propose constitutional amendment on abortion, same-sex marriage, gender-affirming care

The Oregon Capitol in Salem, Ore., Thursday, Sept. 26, 2019.
Bradley Parks
/
OPB
The Oregon Capitol in Salem, Ore., Thursday, Sept. 26, 2019.

The legislative referral would appear on ballots for Oregon voters to decide in November 2024.

Democrats in the Legislature want to ask Oregon voters to write the right to abortion, same-sex marriage and gender-affirming care into the state鈥檚 Constitution.

Senate Majority Leader Kate Lieber, D-Beaverton, introduced a in the state Senate Wednesday to refer to voters a proposed constitutional amendment. The legislative referral would appear on ballots in November 2024.

The amendment would also repeal language that鈥檚 been in since 2004 defining marriage as being between one man and one woman (Article XV, Section 5a).

That policy hasn鈥檛 been in effect since a federal judge in 2014 ruled it unconstitutional 鈥 a decision upheld by the U.S. Supreme Court in 2015, which required states to recognize same-sex marriages.

State Sen Lynn Findley, R-Vale, confers with Sen. Kate Lieber, D-Beaverton and Southwest Portland, at the Oregon Capitol in Salem, March 20, 2023. Lieber introduced a joint resolution in the state Senate Wednesday, April 19, 2023, to refer to voters a proposed constitutional amendment. The legislative referral would appear on ballots in November 2024.
Kristyna Wentz-Graff /
State Sen Lynn Findley, R-Vale, confers with Sen. Kate Lieber, D-Beaverton and Southwest Portland, at the Oregon Capitol in Salem, March 20, 2023. Lieber introduced a joint resolution in the state Senate Wednesday, April 19, 2023, to refer to voters a proposed constitutional amendment. The legislative referral would appear on ballots in November 2024.


Planned Parenthood, ACLU Oregon and Basic Rights Oregon are campaigning for the proposed amendment, which has broad support from Democrats who control both chambers of the Oregon Legislature. Republicans in the minority just learned of the legislation.

Oregon already has among the strongest protections for and civil rights for LGBTQ+ people in the nation. State laws bar housing and employment discrimination against gay and transgender people, allow for abortions with no specific gestational limit, and require state Medicaid and most private medical insurers to cover abortions and gender-affirming care.

The civil rights advocates say a constitutional amendment creates a more lasting guarantee of those rights, following a decision by a conservative majority on the U.S. Supreme Court to overturn Roe v. Wade. Conservative and Christian activists have also pressed lawmakers to in other states under the umbrella of parents鈥 rights, which have taken aim at gender-affirming care, drag performers and transgender athletes.

The rainbow flag, also known as the gay pride flag, is a symbol of LGBTQ+ pride, left, along with the transgender flag, right, June 2, 2022.
Kristyna Wentz-Graff /
The rainbow flag, also known as the gay pride flag, is a symbol of LGBTQ+ pride, left, along with the transgender flag, right, June 2, 2022.


鈥淲e don鈥檛 want Oregon to ever pass any kind of legislation like we鈥檙e seeing in other parts of the country that could strip away our right to exist,鈥 said Todd Addams, interim executive director at Basic Rights Oregon. 鈥淲e don鈥檛 want that to be a possibility without a huge, huge fight.鈥

Addams says members of the LGBTQ+ community in Oregon have wanted to remove the gay marriage ban from Oregon鈥檚 Constitution since the Supreme Court鈥檚 Obergefell decision in 2015.

Now, the national retrenchment on gay and transgender rights has created a new sense of urgency, with people questioning whether their marriages could be dissolved or they could lose access to medical care.

鈥淭his idea that their futures are completely up in the air, and could be stripped away at any moment, is this huge level of anxiety and fear in the community,鈥 Addams said.

This story will be updated.
Copyright 2023 Oregon Public Broadcasting. To see more, visit .

Amelia Templeton is a multimedia reporter and producer for Oregon Public Broadcasting, a JPR news partner. Her reporting comes to JPR through the Northwest News Network, a collaboration between public media organizations in Oregon and Washington.
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