Oregon voters could decide protections for abortion, gender-affirming care, marriage
Oregon Democratic lawmakers have introduced a proposed amendment to the state constitution that would protect access to abortion, gender-affirming care and marriage between same-sex individuals.
Senate Joint Resolution 33 would enshrine equality language in the Oregon constitution that includes gender, gender identity, sexual orientation, and the right to make decisions about reproductive health and gender-related care.
If passed, SJR 33 would be referred to Oregon voters as a ballot measure in the November 2024 election.
The proposed amendment is being pushed by advocacy organizations Basic Rights Oregon, Planned Parenthood Advocates of Oregon and American Civil Liberties Union of Oregon.
The groups together launched an "Equal Rights for All" amendment campaign Wednesday.
SJR 33 is sponsored by Senate President Rob Wagner, D-Lake Oswego, Sen. Elizabeth Steiner, D-NW Portland and Beaverton, and Sen. Lew Fredrick, D-Portland, as well as 19 other lawmakers.
Wagner said SJR 33 goes beyond codifying these rights for all Oregonians by involving the voters in deciding the values of Oregon.
“Fundamentally, if you’re seeing what’s going on in this country right now, I can’t go back out into my community without people asking, ‘What are you doing to protect the rights of Oregonians?’,” Wagner said.
What does SJR 33 add?
Under Article 1, Section 46 of the Oregon constitution, equality of rights cannot be denied to any Oregonian on the basis of sex.
SJR 33 would update current constitutional language to include “pregnancy, pregnancy outcomes or related health decisions; gender identity or related health decisions; sexual orientation; or gender.”
This updated language also would ensure all Oregonians the ability to make decisions about and access reproductive and gender-affirming health care.
What does SJR 33 remove?
Article 15, Section 5a of the Oregon constitution currently defines a legally recognized marriage as one “between one man and one woman.”
This amendment was added in 2004 when voters passed Ballot Measure 36, effectively banning marriage between same-sex people.
In 2014, the United States District Court of Oregon overturned the marriage ban for individuals of the same sex, which was then followed by the 2015 United States Supreme Court decision to legalize marriage between same-sex individuals.
SJR 33 would repeal Section 5a section altogether, legally protecting marriage between same-sex people in the state of Oregon separately from any federal decisions that might leave the decision up to individual states, as the U.S. Supreme Court ruled with abortion.
“We need to take it [Section 5a] out. That’s not who we are as people, and we need to have equal protections for every single Oregonian,” Steiner said.
Why now?
In 2022, the Supreme Court overturned Roe v. Wade, eliminating federal protection of access to abortion and reproductive health care.
Following the decision, Supreme Court Justice Clarence Thomas in an opinion suggested the court “should reconsider” its previously held decisions on marriage between same-sex individuals and contraception access.
Also, in recent years, many states have introduced anti-abortion and anti-LGBTQ legislation, including Oregon’s neighboring state, Idaho.
The Equal Rights for All campaign mission is that “all people should have the freedom to make their own private decisions and access the healthcare they need to live and thrive without political control, discrimination, and interference.”
“We want to make sure that Oregonians are protected should the Supreme Court reverse its long-held positions on these issues,” Steiner said.
Sydney Wyatt covers healthcare inequities in the Mid-Willamette Valley for the Statesman Journal. Send comments, questions, and tips to her at SWyatt@gannett.com, (503) 399-6613, or on Twitter @sydney_elise44
The Statesman Journal’s coverage of healthcare inequities is funded in part by the M.J. Murdock Charitable Trust, which seeks to strengthen the cultural, social, educational, and spiritual base of the Pacific Northwest through capacity-building investments in the nonprofit sector.
This article originally appeared on Salem Statesman Journal: Oregon voters could decide protections for abortion, marriage
