Jurisdiction
- grounds
- procedure
Source:
Section 33.460 — Jurisdiction; grounds; procedure, https://www.oregonlegislature.gov/bills_laws/ors/ors033.html
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Notes of Decisions
Because legislative intent of 2013 and 2017 amendments to this section was to expand scope of statute and shift focus from physical anatomy to affirming gender identity, legal sex designations cannot be limited to “male” or “female” and may include “nonbinary” as choice. In the Matter of Hollister, 305 Or App 368, 470 P3d 436 (2020)
Court may deny petition for change of legal sex only where record contains evidence that change of legal sex is inconsistent with “public interest,” namely, that change of legal sex is sought for purpose harmful to well-being of general public, including fraud, dishonesty, misrepresentation, evading creditors or interfering with rights of others. In the Matter of Jondle, 317 Or App 303, __ P3d __ (2022)
Petitioner’s status as convicted or incarcerated individual does not alone constitute basis for court to conclude that granting petition for change of legal sex is inconsistent with public interest. In the Matter of Jondle, 317 Or App 303, __ P3d __ (2022)