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BAUMAN v. ROBERTS

SC S36931; S36932.

789 P.2d 258 (1990)

309 Or. 490

Judy BAUMAN and Beverly Stein, Petitioners, v. Barbara ROBERTS, Secretary of State of the State of Oregon, Respondent. Kevin L. Mannix, Heidi Thomas, and Mel Counts, Intervenors. Stevie Remington, Teri Kaliher, and Allie Stickney, Petitioners, v. Barbara Roberts, Secretary of State of the State of Oregon, Respondent. Kevin L. Mannix, Heidi Thomas, and Mel Counts, Intervenors.

Supreme Court of Oregon.

Decided March 27, 1990.

Attorney(s) appearing for the Case

Sandra J. Childs, Portland, argued the cause for petitioners Bauman, et al. With her on the petition were B. Carlton Grew, Margaret S. Olney, Katherine Brown, and John S. Bishop, Lawyers for Choice, Portland.

Pamela L. Jacklin, Portland, argued the cause for petitioners Remington, et al. With her on the petition was Charles F. Hinkle, Portland.

Warren C. Deras, Portland, filed memoranda and argued the cause for intervenors.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the answering memoranda were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., CARSON, P.J., and JONES, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

CARSON, Justice.

This original proceeding consolidates two challenges to a ballot title certified by the Attorney General to the Secretary of State. The ballot title is for a measure which generally would require a physician to notify the parents of a pregnant minor prior to performing an abortion on the minor. The Attorney General certified the following ballot title, pursuant to ORS 250.067(2):

"DOCTOR MUST GIVE PARENT NOTICE BEFORE MINOR'S ABORTION

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