Miscellaneous Prohibitions Relating to Employment and Discrimination

ORS 659.870
Political subdivisions prohibited from enacting or enforcing certain laws relating to sexual orientation

  • remedy

(1)

A political subdivision of the state may not enact or enforce any charter provision, ordinance, resolution or policy granting special rights, privileges or treatment to any citizen or group of citizens on account of sexual orientation, or enact or enforce any charter provision, ordinance, resolution or policy that singles out citizens or groups of citizens on account of sexual orientation.

(2)

Any person who believes that a political subdivision has enacted or is enforcing a charter provision, ordinance, resolution or policy in violation of this section may bring an action in circuit court to have the charter provision, ordinance, resolution or policy declared invalid, for injunctive relief and for such other relief as the court may consider appropriate. The court shall award reasonable attorney fees and costs to a plaintiff who prevails in an action under this subsection. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court. [Formerly 659.165]
Note: 659.870 (Political subdivisions prohibited from enacting or enforcing certain laws relating to sexual orientation) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 659 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(formerly 659.165)

Notes of Decisions

Placing matter on ballot for vote does not constitute "enactment." Boytano v. Fritz, 131 Or App 466, 886 P2d 31 (1994), aff'd 321 Or 498, 901 P2d 835 (1995); Kinney v. O'Connor, 138 Or App 255, 907 P2d 257 (1995), modified 139 Or App 75, 910 P2d 1161 (1996)

This section is not invalid preemption in violation of home rule provisions of Constitution. deParrie v. State of Oregon, 133 Or App 613, 893 P2d 541 (1995), Sup Ct review denied

"Singles out" means to treat differently for purpose of denying something enjoyed by all other citizens. deParrie v. City of Portland, 138 Or App 105, 906 P2d 844 (1995), Sup Ct review denied

"Granting special rights, privileges or treatment" means preferential treatment on basis of sexual orientation, whether or not extending new rights. deParrie v. City of Portland, 138 Or App 105, 906 P2d 844 (1995), Sup Ct review denied

Counting of ballots does not constitute "enactment." Kinney v. O'Connor, 138 Or App 255, 907 P2d 257 (1995), modified 139 Or App 75, 910 P2d 1161 (1996)

Source

Last accessed
Jun. 26, 2021

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