174.100
Definitions. As
used in the statute laws of this state, unless the context or a specially
applicable definition requires otherwise:
(1) “Any other
state” includes any state and the District of Columbia.
(2) “City”
includes any incorporated village or town.
(3) “County court”
includes board of county commissioners.
(4) “Gender
identity” means an individual’s gender-related identity, appearance, expression
or behavior, regardless of whether the identity, appearance, expression or
behavior differs from that associated with the gender assigned to the
individual at birth.
(5) “Husband and
wife,” “husband or wife,” “husband” or “wife” means spouses or a spouse in a
marriage.
(6) “May not” and
“shall not” are equivalent expressions of an absolute prohibition.
(7) “Person”
includes individuals, corporations, associations, firms, partnerships, limited
liability companies and joint stock companies.
(8) “Sexual
orientation” means an individual’s actual or perceived heterosexuality,
homosexuality or bisexuality.
(9) “State
Treasury” includes those financial assets the lawful custody of which are
vested in the State Treasurer and the office of the State Treasurer relating to
the custody of those financial assets.
(10) “To” means “to
and including” when used in a reference to a series of statute sections,
subsections or paragraphs.
(11) “United
States” includes territories, outlying possessions and the District of
Columbia.
(12) “Violate”
includes failure to comply. [Amended by 1953 c.145 §2; 1957 c.360 §1; 1963
c.213 §1; 1965 c.518 §1; 1967 c.409 §1; 1983 c.327 §1; 1993 c.73 §1; 1995 c.93 §30;
2001 c.671 §1; 2007 c.100 §1; 2015 c.629 §33; 2021 c.367 §1]
Notes of Decisions
Cited in
28
cases (
5 in the last 5 years), 1962–2023 · leading case:
Hamilton v. Paynter, 149 P.3d 131 (Or. 2006).
Hamilton v. Paynter, 149 P.3d 131 (Or. 2006).
· cites it 4× “” ORS 174.100. All the defendants are “persons” within that definition.”
State v. Rogers, 836 P.2d 1308 (Or. 1992).
· cites it 2× “See ORS 174.100(4) (defining "person" broadly, but not so broadly as to include the state).”
Klein v. Or. Bureau of Labor & Indus., 410 P.3d 1051 (Or. Ct. App. 2017).
· cites it 2× “Thus, by its plain terms, the statute requires only that the denial of full and equal accommodations be causally connected to the protected characteristic or status-in this case, "sexual orientation," which is defined to mean "an individual's actual or perceived heterosexuality,…”
Work v. Dept. of Rev., 22 Or. Tax 396 (Or. T.C. 2017).
“See Preface to ORS; ORS 174.100(9) (“ ‘To’ means ‘to and including’ when used in a reference to a series of statute sections, subsections or paragraphs.”
Beaver v. Pelett, 705 P.2d 1149 (Or. 1985).
· cites it 2× “440(1), because ORS 174.100 provides that in Oregon statutes, "unless the context or a specially applicable definition requires otherwise * * * `[p]erson' includes individuals, corporations, associations, firms, partnerships and joint stock companies.”
Walter v. Scherzinger, 121 P.3d 644 (Or. 2005).
· cites it 2× “" ORS 174.100. [6] We acknowledge that ORS 242.”
Adelsperger v. Elkside Dev. LLC, 529 P.3d 230 (Or. 2023).
“” ORS 174.100(7) (so providing unless context or specific statutory definition provides otherwise).”
Jarvie v. State Tax Comm'n, 1 Or. Tax 1 (Or. T.C. 1962).
· cites it 5× “A general definition of war veteran is set forth in ORS 174.100. It provides: “174.100. Definitions.”
State v. Rennells, 162 P.3d 1006 (Or. Ct. App. 2007).
“” ORS 174.100(9) (emphasis added). That definition, by its terms, is not exclusive.”
Pendleton Sch. Dist. v. State of Oregon, 185 P.3d 471 (Or. Ct. App. 2008).
“(emphases in original); see also ORS 174.100(4) (‘may not’ and ‘shall not’ are ‘equivalent expressions of an absolute prohibition’).”
— Or. Rev. Stat. § 174.100(11) — 1 case
— Or. Rev. Stat. § 174.100(3) — 1 case
— Or. Rev. Stat. § 174.100(4) — 6 cases
State v. Rogers, 836 P.2d 1308 (Or. 1992).
“See ORS 174.100(4) (defining "person" broadly, but not so broadly as to include the state).”
Pendleton Sch. Dist. v. State of Oregon, 185 P.3d 471 (Or. Ct. App. 2008).
“(emphases in original); see also ORS 174.100(4) (‘may not’ and ‘shall not’ are ‘equivalent expressions of an absolute prohibition’).”
— Or. Rev. Stat. § 174.100(5) — 4 cases
— Or. Rev. Stat. § 174.100(6) — 1 case
Klein v. Or. Bureau of Labor & Indus., 410 P.3d 1051 (Or. Ct. App. 2017).
“Thus, by its plain terms, the statute requires only that the denial of full and equal accommodations be causally connected to the protected characteristic or status-in this case, "sexual orientation," which is defined to mean "an individual's actual or perceived heterosexuality,…”
— Or. Rev. Stat. § 174.100(7) — 4 cases
Klein v. Or. Bureau of Labor & Indus., 410 P.3d 1051 (Or. Ct. App. 2017).
“Thus, by its plain terms, the statute requires only that the denial of full and equal accommodations be causally connected to the protected characteristic or status-in this case, "sexual orientation," which is defined to mean "an individual's actual or perceived heterosexuality,…”
Adelsperger v. Elkside Dev. LLC, 529 P.3d 230 (Or. 2023).
“” ORS 174.100(7) (so providing unless context or specific statutory definition provides otherwise).”
Jarvie v. State Tax Comm'n, 1 Or. Tax 1 (Or. T.C. 1962).
“A general definition of war veteran is set forth in ORS 174.100. It provides: “174.100. Definitions.”
— Or. Rev. Stat. § 174.100(9) — 2 cases
Work v. Dept. of Rev., 22 Or. Tax 396 (Or. T.C. 2017).
“See Preface to ORS; ORS 174.100(9) (“ ‘To’ means ‘to and including’ when used in a reference to a series of statute sections, subsections or paragraphs.”
State v. Rennells, 162 P.3d 1006 (Or. Ct. App. 2007).
“” ORS 174.100(9) (emphasis added). That definition, by its terms, is not exclusive.”
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