Compared to other states, Oregon has a good track record of crafting progressive laws pertaining to GLBT (gay, lesbian, bi-sexual, transgender) couples. Yet, even though Oregon's family laws are constantly evolving to better reflect societal attitudes, the Oregon Constitution says that same-sex couples cannot marry, and those same-sex marriages performed in other states may not be legally recognized in Oregon.
Their unique legal status means that GLBT couples, particularly those with children, must take special steps to safeguard the legal protections otherwise built into traditional marital arrangements.
Only a Portland domestic partnership lawyer can evaluate the full range of legal issues that need to be addressed in any given relationship. But, having a general understanding of what is necessary to navigate the murky legal waters surrounding same-sex relationships in Oregon can benefit any gay or lesbian couple.
First Step: Registering as Domestic Partners Under Oregon Family Fairness Act
Regardless whether a couple has a marriage certificate from another state, legally speaking, Oregon continues to treat same-sex couples as if they are not married. Federal law allows states to decline to recognize same-sex marriages performed in other jurisdictions, and it also prohibits recognition of same-sex marriage for all federal purposes.
While there are several legal challenges to this federal framework currently filtering through the court system, for the time being at least, same-sex Oregonian couples cannot rely on their valid marriage certificate from another state as a guarantee of all the rights of a married couple.
However, since February of 2008, gay and lesbian couples have been permitted to register as domestic partners under the Oregon Family Fairness Act. Domestic partnership registration provides many significant benefits for same sex couples in Oregon. The parties to a domestic partnership are entitled to all the privileges and rights the state of Oregon affords to married couples. Some of these benefits include the availability of spousal support after the dissolution of a domestic partnership, the option to jointly file Oregon tax returns and the right to inherit property from a partner absent a will.
Registration under the Oregon Family Fairness Act is important for domestic partners, and it confers many powerful rights. But, the Act also has many limitations. For instance, it only applies to matters of Oregon law; registered partners get no benefits under federal law, and Oregon's domestic partnerships will not be recognized in most states. Additionally, domestic partnership registration does not cover many legal points of concern that a couple needs to address. Registering under the Oregon Family Fairness Act is a starting point, not the end of the road, for same-sex couples who wish to protect their legal interests.
Additional Steps
So what else do same-sex couples need to take into account when considering their legal needs? At a minimum, domestic partners, especially those with children, should get help from Oregon family law attorneys in preparing the following legal instruments:
- Durable power of attorney (appoints an agent to make business, medical or other decisions for you should you become incapacitated)
- Advance directive (lays out the kind of medical care you would want if you became too ill to express your wishes)
- Wills, supplemental estate planning documents and burial instructions
- Second parent adoption documents (second parent adoption allows a second parent to adopt a child without the first parent losing any rights so that a child has two legal parents - it grants adoptive parents the same rights as biological parents)
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Domestic partnership agreements (contracts typically used to address property issues such as the sharing of income and expenses)
Legal Help For Same-Sex Couples
Registering as domestic partners in Oregon is relatively simple. If both partners meet the eligibility requirements, the partners simply need to file a signed, notarized Declaration of Domestic Partnership with their county clerk and pay a filing fee of around $60.
But, certification of domestic partnership status is only one of a multitude of steps that must be taken in order for same-sex couples to ensure adequate legal protections for themselves and their children.
If you are considering entering into a domestic partnership or have recently entered a domestic partnership, it is important to get in touch with an attorney if you have not already done so. A qualified attorney can help you surround your domestic partnership with all the trappings that even opposite-sex partners sometimes neglect in marriage.
Pave the road to a smooth relationship tomorrow by seeking the assistance of a qualified lawyer today.
