Rules for the Oregon Family Leave Act (OFLA) were amended, effective February 1, 2000, to include "same-sex domestic partner" under the definition of "family member" (OAR 839-009-0210). This change is being made to conform to the ruling of the Oregon Court of Appeals in Tanner vs. Oregon Health Sciences University,* which held that Article I, Section 20 of the Oregon Constitution prohibits state laws from denying same-sex domestic partners rights that are available to married couples.
The Court of Appeals in Tanner did not define the term "same-sex domestic partner." However, the Multnomah County Circuit Court provided a definition in that case, which BOLI would consider in determining what constitutes "same-sex domestic partner." The court concluded in Tanner that to establish a same-sex domestic relationship, the homosexual employee would affirm the following circumstances:
- The same-sex domestic partners are not related by blood closer than would bar marriage in the State of Oregon (first cousins or nearer).
- Neither is legally married.
- They have continuously lived together as a family and share a close personal relationship, which is exclusive and loving, for an extended period of time, and they intend to maintain that family and that relationship with each other for the rest of their lives.
- They have joint financial accounts and have agreed to be jointly responsible for each other´s common welfare, including basic living expenses.
- They would be married to each other if the law permitted them to marry in Oregon.
- They are the sole domestic partner of each other and have no other domestic partner.
- They are both 18 years of age or over.
- They are each homosexual.
* Tanner vs. Oregon Health Sciences University, No. 9201-00369 (Multnomah County Circuit Court, 1996), aff´d in part, rev´d in part, 157 Or App 502, 971 P2d 435 (1998).
The Technical Assistance for Employers unit offers employer seminars, handbooks, and other materials covering a number of topics. For additional information, visit our website at www.oregon.gov/boli/ta or call our Employer Assistance line.
Technical Assistance for Employers
Bureau of Labor and Industries
800 NE Oregon Street, Suite 1045
Portland , OR 97232
971-673-0824
www.oregon.gov/boli
These materials were prepared as a general summary and teaching guide. The mission of the Technical Assistance for Employers Program is to promote compliance with civil rights and wage and hour laws through education. Technical Assistance does not provide legal advice. In order to determine the legality of any matter or to protect your legal rights, you should contact an attorney. Check the yellow pages of your telephone directory or contact the Oregon State Bar Lawyer Referral Service at 1-503-620-0222 or 1-800-452-7636. THIS INFORMATION IS AVAILABLE IN AN ALTERNATE FORMAT.
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