Oregon LGBT Laws

On 18 May 2015, Governor Kate Brown signed Bill HB2307 into law banning ‘gay conversion therapy’. On 07 May the state Senate passed the Bill by a vote of 21-8 (1 non-voting) [R1.3].

On 17 March 2015, the House passed 41-18 (1 excused) Bill HB2307 that would make unlawful a therapy that purports to change the sexual orientation or gender identity of young people under 18. The Bill has been transferred to the Senate and referred to the Committee on Human Service and Early Childhood [R1.2].

On 14 August 2014, the Health Evidence Review Commission decided that a full range of state medical coverage for low-income transgender people will be offered for the first time starting early next year. The coverage will include cross-sex hormone therapy and gender reassignment surgery [R1.1].

On 13 May 2015, Judge Dan Brunch in the Court of Appeals ruled that artificial insemination does not automatically make lesbian registered same-sex partner Lorrena Madrone a parent just because her partner Karah Gretchen Madrone gives birth to the child R and approves it, concluding that lawful parentage ‘applies to unmarried same-sex couples who have a child through artificial insemination if the partner of the biological parent consented to the insemination and the couple would have chosen to marry had that choice been available to them’ [C1.4], [R1.3].

On July 15, 2009, the Court of Appeals ruled in the case of Shineovich and Kemp that the statute which concerns artificial insemination, ORS 109.243, violates Article I, Section 20, of the Oregon constitution, and that its protections should be expanded to include legal parenthood by operation of law for the domestic partner of a woman who conceives a child by artificial insemination. [C1.2], [R1.1].

On 31 March 2011, Circuit Judge Katherine Tennyson found in a letter ruling that Sondra Shineovich and Sarah Kemp were a “same-sex couple” and thus as Shineovich had consented to donor insemination of Kemp while they were a couple, she has the status of a parent of the resulting children, and can seek custody and/or visitation on the basis of legal parental status [C1.2], [R1.1].

In February 2008, the law on registered partners offering same-sex partners most or all rights of marriage was introduced [L1.2], [R1.1].

On 19 May 2014, following the 19 May District Court Ruling (see MARRIAGE), Multnomah County Assessor Randy Walruff said the county will continue offering domestic partnerships for couples who do not wish to get married [R2.1].

In February 2003, the Eugene domestic partner registry for same-sex couples and unmarried heterosexuals opened [R3.4].

The registry is open to unmarried couples at least 18 years old who live together and who indicate that they are each other’s sole partner and intend to remain so indefinitely. Couples do not have to live in Eugene to sign the registry, and the registry would not require any person, business or agency to recognize the relationship. Cost is $50.

A sample of the city’s domestic partner registry application form is at www.ci.eugene.or.us\Cityreco\.

At least six municipalities offer domestic partnership benefits

In 2002, Portland established a domestic partnership registry allowing couples who are at least 18 years old, unmarried and living as a family and who are not be related by blood kinship, to register and obtain a certificate recognizing their relationship [R3.3].

In February 2002, gay and lesbian partners of Portland police and firefighters became eligible to collect pension benefits, should their partners be killed in the line of duty, under a city ordinance [R3.2].

In October 1999, Ashland became the first city in the state to officially recognize gay and lesbian couples [R3.1].

In July 2011, Chief Judge Anne Aiken of the US District Court for the District of Oregon ruled the denial of health care benefits to the same-sex partner of Margaret Fonberg, a US District of Oregon court employee constitutes unlawful sex discrimination [C4.3], [R4.2].

In August 2008, the ninth US circuit court of appeals rejected a lawsuit challenging the state’s domestic-partnership laws, which were enacted in February [R4.1].

Oregon Revised Statutes. Chapter 659A – Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement [L1.4].

Under the above legislation it is unlawful to discriminate on the ground of “sexual orientation” in employment (659A.030), public accommodation (659A.403), in selling, renting or leasing real property (659A.421) and in administrative actions (659A.805)

Oregon Revised Statutes. Chapter 174 – Construction of Statutes; General Definitions [L1.3] provides –

174.100 (6) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth.

Previously:

In 2008, under the Equality Act discrimination in employment on the basis of sexual orientation and gender identity was made unlawful [R1.2].

State law prohibited employment discrimination based on race, religion, color, gender, national origin, marital status, age and disability but not sexual orientation [R2.2].

On 19 December 2012, the Department of Consumer and Business Services Insurance Division announced guidelines that specifically prohibit health care providers from discriminating against a policy holder based on their actual or perceived gender identity and expression and prohibit insurance companies from denying coverage of a particular treatment simply because the policy holder is trans [R1.1].

Discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodation is unlawful in Beaverton, Bend, Benton County, Eugene, Hillsboro, Lake Oswego, Portland/Multnomah County, Salem, Lincoln City, Corvallis and Wasco County [R2.4].

In February 2003, couples on the Eugene domestic partner registry were protected by the city against housing and public accommodation discrimination [R2.3].

In October 2003, the Lake Oswego City Council antidiscrimination ordinance makes discrimination unlawful in public and private workplaces, places of accommodation such as restaurants, and housing [R2.2].

In December 2000, the City of Portland City Council voted unanimously to add “gender identity” as a category protected from discrimination in employment, housing, and public accommodations under the city’s Civil Rights Ordinance [R2.1].

The Cities of Salem and Corvallis have anti-discrimination ordinances that protects the rights of gays and lesbians as does Multnomah and Benton counties [R2.2].

On 08 April 2019, the US Supreme Court Appeal case of Klein v. Oregon Bureau of Labour and Industries No. 18-547 was distributed for conference on 14 April 2019 [R3.25].

On 23 October 2018, it was reported that the owners of the shuttered Oregon bakery Sweet Cakes by Melissa, fined $135K for refusing to make a wedding cake for a lesbian couple, are appealing the decision to the US Supreme Court [R3.24].

On 22 June 2018, the Oregon Supreme Court refused to hear an appeal by Aaron and Melissa Klein, owners of Sweet Cakes by Melissa, against the judgment in favour of Oregon’s Bureau of Labor and Industries (BOLI) finding them to have discriminated against Rachel and Laurel Bowman-Cryer when they refused to make a cake for the couple in February 2013 [R3.23].

On 02 March 2018, the former owners of Sweet Cakes by Melissa are petitioning the Oregon Supreme Court to overturn the state Court of Appeals ruling that upheld a penalty against the business for denying a custom wedding cake to a lesbian couple [R3.22].

On 28 December 2017, the Oregon Court of Appeals upheld a ruling against Sweet Cakes by Melissa bakery who denied service to a same-sex couple. The business closed in 2013 though the Kleins continued to run the business out of their home until 2016 [C3.21], [R3.20].

On 02 March 2017, Justices Rebecca Duncan, Joel DeVore and Chris Garrett in the Oregon Court of Appeals heard the Melissa Elaine Klein and Aaron Wayne Klein, Sweet Cakes by Melissa appeal (see [R3.10] to [C3.16] below) [R3.19].

On 23 September 2015, the Court of Appeals affirmed the 2013 order of the Bureau of Labor and Industries that The P-Club pay damages of $400,000 to the 11 aggrieved persons and imposed $5,000 in civil penalties on the bar owner for leaving two voice messages for a member of the Rose City T-Girls, an informal group of transgender customers that frequented the bar every Friday night, telling them to stop visiting the bar [C3.18], [R3.17].

On 27 July 2015, State Labor Commissioner Brad Avakian in the Sweet Cakes by Melissa case denied a request by the Kleins to stay enforcement of the final order [C3.16].

On 17 July 2015, Melissa Elaine Klein and Aaron Wayne Klein as proprietors of Sweet Cakes by Melissa filed an appeal of the BOLI ruling in the Court of Appeals [C3.16 at para 2].

On 02 July 2015, State Labor Commissioner Brad Avakian in the Sweet Cakes by Melissa case made a final order that Aaron and Melissa Klein pay $135,000 to Laurel Bowman-Cryer and Rachel for emotional and mental suffering that resulted from the denial of service [C3.15].

On 21 April 2015, administrative judge Alan McCullough issued a Proposed Order in the Sweet Cakes by Melissa case that assessed $135,000 in damages, awarding $60,000 to Laurel Bowman-Cryer and $75,000 to Rachel for their suffering. The order is not final, and the final amount could be increased or decreased [C3.14].

On 29 January 2015, Bureau of Labour and Industries Adminstrative law Judge Alan McCullough concluded Melissa Elaine Klein and Aaron Wayne Klein as proprietors of Sweet Cakes by Melissa violated state anti-discrimination law by refusing to sell Laurel Bowman and her fiancée Rachel Cryer a cake for their upcoming wedding. The judge held that although the proprietors are religious, the bakery is not a religious institution under law and therefore not exempt. A damages hearing is set down for 10 March [C3.13], [R3.12].

On 20 January 2014, it was reported that the Bureau of Labor and Industries had found that Sweet Cakes by Melissa had discriminated against Portland couple Rachel Cryer and Laurel Bowman by refusing to make their wedding cake. Both parties must now undergo settlement talks [D3.11], [R3.10].

On 25 November 2013, the executive committee of the 9th Circuit’s Judicial Council ordered Margaret “Gosia” Fonberg who was denied health benefits for her domestic partner receive back pay, the Executive Committee finding that the District of Oregon had discriminated against Fonberg based on her sexual orientation by denying benefits that are available to married opposite-sex couples and “same-sex couples in other states in the circuit, who may marry and thus gain benefits under Windsor” [C3.9], [R3.8].

In July 2011, Chief Judge Anne Aiken of the US District Court for the District of Oregon ruled the denial of health care benefits to the same-sex partner of Margaret Fonberg, a US District of Oregon court employee constitutes unlawful sex discrimination [C3.7], [R3.6].

On 10 January 2011, a three-judge panel of the San Francisco-based US 9th Circuit Court of Appeals ruled that a gay employee discharged two days after filing a sexual orientation discrimination complaint may sue for violation of the anti-retaliation provision of the federal Civil Rights Act of 1964, even though that statute does not prohibit employment discrimination based on sexual orientation. The case now goes back to a US district court for trial on the federal anti-retaliation claim and the state sexual orientation harassment claim [C3.5], [R3.4].

In January 2000, the Oregon Court of Appeals upheld a Portland ordinance against discrimination based on sexual preference [R3.3].

In December 1998, the Court of Appeals ruled that the domestic partners of three lesbian employees at Oregon Health Sciences University were entitled to the same benefits given to the spouses of married employees [R3.2].

In August 1996, Judge Stephen Gallagher ordered Oregon to offer health insurance to partners of gay and lesbian State employees, saying the failure to provide identical benefits amounts to discrimination [R3.1].

In February 2002, gay and lesbian partners of Portland police and firefighters became eligible to collect pension benefits, should their partners be killed in the line of duty, under a city ordinance [R1.1].

Oregon Revised Statutes. Chapter 659A – Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement [L1.8].

Under the above legislation it is unlawful to discriminate on the ground of “sexual orientation” in employment (659A.030), public accommodation (659A.403), in selling, renting or leasing real property (659A.421) and in administrative actions (659A.805)

Oregon Revised Statutes. Chapter 174 – Construction of Statutes; General Definitions [L1.7] provides –

174.100 (6) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth.

On 22 January 2018, the Oregon Department of Corrections reportedly transferred transgender inmate Michalle Wright from the Oregon State Correctional Institution in Salem to the Coffee Creek Correctional Institution in Wilsonville. The 27-year-old’s transfer request was granted after her 2016 lawsuit against the state forced policy changes (see also C4.8, R4.7 below) [R1.6].

On 15 June 2017, the Oregon Transportation Commission decided that, beginning 01 July, Oregonians will be able to choose ”X” for sex Instead of ”F” or ”M” on their licenses and identification cards. Applicants will have to pay replacement or renewal fees [R1.5].

On 18 May 2017, Governor Kate Brown signed House Bill 2673A into law enabling transgender residents wishing to revise their birth certificates to match their identity presentation to do so by merely filling out a form, rather than having to post a public notice and petition for a court order. The simplified process goes into effect in January 2018 [R1.4].

On 12 April 2017, it was reported that the legislature passed House Bill 2673A creating a more efficient and private process for transgender Oregonians to update their information, including name and gender markers on birth certificates. The Bill has been sent to the Governor [R1.3].

On 11 April 2017, it was reported that Oregonians may soon be able to identify themselves as neither male nor female as Oregon works toward becoming the first US state to allow a third gender option on its drivers’ licenses and state identification cards [R1.2].

On 19 December 2012, the Department of Consumer and Business Services Insurance Division announced guidelines that specifically prohibit health care providers from discriminating against a policy holder based on their actual or perceived gender identity and expression and prohibit insurance companies from denying coverage of a particular treatment simply because the policy holder is trans [R1.1].

Multnomah County has passed gender-identity protections [R2.1].

On 08 June 2011, the Portland City Council unanimously passed an ordinance extending transgender-inclusive healthcare benefits – including access to hormone therapy, counseling and surgical services – to City of Portland employees [R2.2].

Portland and Salem have passed gender-identity protections, Eugene is considering a proposal to extend anti-discrimination provisions to transgender individuals [R2.1].

On 28 May 2019, Senior Circuit Court Judge J Burdette Pratt found that the Oregon Department of Corrections was deliberately indifferent about M2F transgender Brandy Hall’s safety and ordered officials to put her in a single cell or assign her to a cellmate who is transgender or non-cisgender and to protect her from staff harassment. Judge Pratt rejected Hall’s claim about her constitutional rights and refused her request to transfer to a women’s prison [C4.14], [R4.13].

On 10 August 2018, US District Court Judge Michael H Simon ruled against Greta Leontiev who alleged that the Corbett School District and various individuals violated her Fourteenth Amendment rights by interfering with her parent-transgender-student-son relationship and her First Amendment rights by disparaging her religion. The son F.V. left his mother’s home and stayed with several people associated with the Corbett School District and F.V. felt unsupported at home in his transition to male. The Court found that the district and employees did not attempt to drive a wedge between F.V. and his mother, as she alleged [C4.12], [R4.11].

On 24 July 2018, US District Court Judge Marco A Hernandez dismissed a lawsuit filed by parents in Dallas, Oregon that challenged state and federal policies allowing transgender students to use the bathroom of their choice, finding the school district had properly followed Oregon’s anti-discrimination law requiring schools to allow transgender students access to facilities that align with their gender identity, not their biological sex [C4.10], [R4.9].

On 24 October 2017, it was reported that a lawsuit filed on behalf of transgender prisoner Michalle Wright, alleging Wright was subjected to cruel treatment and repeatedly denied medical care in Oregon’s prison system, was settled with the state agreeing to pay $167,500 to Michalle and $100,000 in attorneys’ fees [C4.8], [R4.7].

On 10 March 2017, Judge Amy Holmes Hehn in the Multnomah County Court reportedly granted a ‘General Judgment of Name and Sex Change’ to ”Patch”, the first person to be granted the legal request to become genderless in the US and allowing ”Patch” to change names and become mononymous, meaning they are known by a singular name instead of a traditional first and surname [R4.6].

On 10 June 2016, Multnomah County Circuit Court Judge Amy Holmes Hehns granted Jamie Shupe’s petition to change the legal sex/gender marker from Female to Nonbinary. The Army veteran was assigned the gender of male at birth, but started transitioning to a female in 2013, more than a decade after retiring from the military as a sergeant first class. At the time, transitioning to a female was the only option available [C4.5], [R4.4].

On 29 May 2016, F2M transgender teacher Leo Soell was reported to have settled a claim with the Gresham-Barlow School District for $60,000. The claim arose when staff members allegedly refused to use appropriate pronouns. Soell prefers the pronoun ”they” [R4.3].

In June 2011, Lambda Legal filed lawsuit against the State of Oregon (Esquivel’s employer), and the Public Employee’s Benefit Board against the denial of health insurance coverage for hysterectomy and oophorectomy as necessary part of treatment [C4.2], [R4.1].

As from 01 January 2008, gender identity was added to State hate crime law [R1.3].

In 1990, hate crimes based on sexual orientation considered an aggravating circumstance [R1.2].

166.155 Intimidation in the second degree. [L1.1]

(1) A person commits the crime of intimidation in the second degree if the person:

(a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another because of the person’s perception of the other’s race, color, religion, sexual orientation or national origin;

(b) Intentionally subjects another to offensive physical contact because of the person’s perception of the other’s race, color, religion, sexual orientation or national origin; or

(c) Intentionally, because of the person’s perception of race, color, religion, sexual orientation or national origin of another or of a member of the other’s family, subjects the other person to alarm by threatening:

(A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the person’s family; or

(B) To cause substantial damage to the property of the other person or of a member of the other person’s family.

(2) Intimidation in the second degree is a Class A misdemeanor.

(3) For purposes of this section, “property” means any tangible personal property or real property.

166.165 Intimidation in the first degree.

(1) Two or more persons acting together commit the crime of intimidation in the first degree, if the persons:

(a)(A) Intentionally, knowingly or recklessly cause physical injury to another person because of the actors’ perception of that person’s race, color, religion, sexual orientation or national origin; or

(B) With criminal negligence cause physical injury to another person by means of a deadly weapon because of the actors’ perception of that person’s race, color, religion, sexual orientation or national origin;

(b) Intentionally, because of the actors’ perception of another person’s race, color, religion, sexual orientation or national origin, place another person in fear of imminent serious physical injury; or

(c) Commit such acts as would constitute the crime of intimidation in the second degree, if undertaken by one person acting alone.

(2) Intimidation in the first degree is a Class C felony.

General Definitions

174.100 (6) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth.

In 1972, consensual sex between same-sex couples was reportedly decriminalised by legislative repeal [R1.1]

On 16 October 2013, based on the opinion of Deputy Attorney-General Mary H Williams, Chief Operating Officer and Director of Administrative Services Michael Jordan issued a memo to state agencies ordering the recognition of all legal marriages performed outside of the state ­ including the marriages of same-sex couples [D1.4], [R1.3].

In the November 2004 election, the constitutional ban on same-sex marriage (Measure 36) was overwhelmingly approved by Oregon voters, and amended the Oregon Constitution to define marriage as between only a man and a woman. [R2.3].

Previously:

In 1997, an effort to ban gay marriages failed, and in 1999, an effort to pass a constitutional amendment failed. The proposal in 1999 would have also attempted to overturn a court decision forbidding discrimination based on sex in health benefits and other protections [R1.2].

In August 2008, the Coquille Indian Tribe, a federally sovereign nation located on the southern Oregon coast, placing it outside Oregon’s constitutional jurisdiction, was reported as recognizing same-sex marriages. One of the partners must be a Coquille [R1.1].

On 19 May 2014, Multnomah County Assessor Randy Walruff said gay couples who married in 2004 must obtain a new marriage license if they wish to be married now, the Attorney General having deemed the marriage void. Those couples who have not received a $60 refund should contact the Department of State Lands, where Multnomah County has deposited all uncollected refunds. Couples who have domestic partnerships must also obtain a marriage license if they want to be legally married. The county will continue offering domestic partnerships for couples who do not wish to get married [R2.1].

On 28 December 2017, the Oregon Court of Appeals upheld a ruling against Sweet Cakes by Melissa bakery who denied service to a same-sex couple. The business closed in 2013 though the Kleins continued to run the business out of their home until 2016 [C3.20], [R3.19].

On 24 November 2014, the US Court of Appeals for the Ninth Circuit, denied the petition of the National Organization for Marriage for an en banc (full court) review of the 27 August 2014 decision dismissing their motion to appeal [C3.18], [R3.17].

On 27 August 2014, the US 9th Circuit Court of Appeals dismissed the application of the National Organization for Marriage ruling it had no standing to appeal the District Court ruling that the voter-approved ban on same-sex marriage was unconstitutional [C3.16], [R3.15].

On 04 June 2014, following an emergency appeal by the National Organization for Marriage, the full US Supreme Court refused to halt same-sex weddings in Oregon while a federal appeals court considers whether the group opposed to gay marriage can intervene in the case [C3.14], [R3.13].

On 19 May 2014, US District Judge Michael McShane ruled a voter-approved ban on gay marriage unconstitutional. A request by the National Organization for Marriage to intervene was denied and an appeal to the 9th Circuit Court of Appeals seeking an emergency stay of that decision was also denied, allowing same-sex marriages to proceed [C3.12], [R3.11].

On 22 January 2014, US District Judge Michael McShane consolidated the Deanna Geiger and Janine Nelson and Robert Deuhmig and William Griesar v. John Kitzhaber and Ellen Rosenblum case with Rummel and West v. Kitzhaber, scheduling oral arguments for April 23, 2014 [R3.10].

On December 19, 2013, a federal lawsuit was filed on behalf of Paul Rummell & Ben West and Lisa Chickadonz & Christine Tanner (Rummel and West v. Kitzhaber), two same-sex couples who wish to marry in Oregon, arguing that arguing that a constitutional amendment in Oregon that bans same-sex couples from marrying violates the United States Constitution [R3.9].

On 15 October 2013, a complaint was filed in the US District Court, District of Oregon, on behalf of Deanna Geiger and Janine Nelson, and Robert Duehmig and William Griesar (who were married in Vancouver 2003) seeking to overturn Oregon’s ban on same-sex marriage in that it violates their rights to due process and equal protection [C3.8], [R3.7].

On 20 June 2013, the Oregon Supreme Court dismissed a challenge to the ballot title for a proposed 2014 referendum asking voters to legalize gay marriage in Oregon. The ballot title reads: “Amends Constitution: Recognizes marriage between couples of same gender; protects clergy/religious institutions’ refusal to perform marriages.” [R3.6].

On 24 April 2013, US Ninth Circuit Judge Harry Pregerson, sitting as chair of the Ninth Circuit Standing Committee, ruled on a narrow personnel case in which Alison Clark appealed the denial of benefits for her partner, Anna Campbell, under the Federal Employees Health Care Benefits program, finding the denial discriminatory and calling Oregon’s ban on same-sex marriages unconstitutional [C3.5], [R3.4].

In November 2005, a judge upheld a same-sex marriage ban adopted last year by Oregon voters, sweeping aside arguments by gay rights supporters that the measure was flawed [R3.3].

Previously:

In June 2004, a judge’s order to register marriage licenses issued to same-sex couples in Oregon was temporarily halted by the Oregon Court of Appeals [R3.2].

In April 2004, Multnomah County Circuit judge Frank Bearden ordered the county to stop issuing licenses to same sex couples in the only place in the US where it had been legal [R3.1].

But the judges also ruled that Oregon must honour the 3022 permits taken out by gay and lesbian couples since March 3 – in effect making Oregon the first state to officially recognise such unions [R3.1].

Chapter 109 – Parent and Child Rights and Relationships. Adoption . 109.309 Petition for adoption; residency requirement; where filed; venue; notice; placement report; fee; rules. [L1.1]

(1) Any (“adult”) person may petition the circuit court for leave to adopt another person and, if desired, for a change of the other person’s name. One petitioner, the child, one parent or the person, who is not an adoption agency, consenting to the adoption as required under ORS 109.312 (1) must be a resident of this state. As used in this subsection, “resident” means a person who has resided in this state continuously for a period of six months prior to the date of the petition.

[…]

On 10 August 2018, US District Court Judge Michael H Simon ruled against Greta Leontiev who alleged that the Corbett School District and various individuals violated her Fourteenth Amendment rights by interfering with her parent-transgender-student-son relationship and her First Amendment rights by disparaging her religion. The son F.V. left his mother’s home and stayed with several people associated with the Corbett School District and F.V. felt unsupported at home in his transition to male. The Court found that the district and employees did not attempt to drive a wedge between F.V. and his mother, as she alleged [C2.4], [R2.3].

On 13 May 2015, Judge Dan Brunch in the Court of Appeals ruled that artificial insemination does not automatically make lesbian registered same-sex partner Lorrena Madrone a parent just because her partner Karah Gretchen Madrone gives birth to the child R and approves it, concluding that lawful parentage ‘applies to unmarried same-sex couples who have a child through artificial insemination if the partner of the biological parent consented to the insemination ‘and’ the couple would have chosen to marry had that choice been available to them’ [C2.2], [R2.1].

In 2008 under the Equality Act harassment of a person on the basis of gender identity or expression by supervisors, coworkers, and vendors of which they are aware or should reasonably beaware is unlawful [R1.1].