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OREGON CITIZEN'S ALLIANCE v. ROBERTS

No. SC S36451; S36444; S36458 (Cases Consolidated For Argument and Opinion).

783 P.2d 1001 (1989)

OREGON CITIZEN'S ALLIANCE, Petitioner, v. Barbara ROBERTS, Secretary of State, Respondent. Henry Kane, Petitioner, v. BARBARA ROBERTS, Secretary of State, Respondent. Damian Klauss and Maryann Gernegliaro, Petitioners, v. The Honorable Barbara ROBERTS, Secretary of State of the State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Reassigned November 21, 1989.

Decided December 12, 1989.

Attorney(s) appearing for the Case

Melanie E. Mansell, Staff Atty., Wilsonville, filed the petition and argued the cause for petitioner, Oregon Citizen's Alliance.

Henry Kane, Beaverton, filed the petition and argued the cause pro se.

Emily Simon, Portland, filed the petition and argued the cause for petitioners, Klauss and Gernegliaro. With her on the petition were Geoffrey Squire Silver, Katherine Brown, Leland R. Berger, Sandra J. Childs and Dimon, Kramer & Toth-Fejel, Portland.

Robert W. Muir, Asst. Atty. Gen., Salem, argued the causes for respondent. John A. Reuling, Jr., Asst. Atty. Gen., Salem filed the answering memoranda for respondent. With him on the memoranda were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

PER CURIAM.

In this ballot title proceeding (consolidating three petitions for purposes of argument and opinion), petitioners Oregon Citizen's Alliance, Henry Kane, and Damian Klauss and Maryann Gernegliaro challenge a ballot title certified by the Attorney General for an initiative measure that would amend the Oregon Constitution to prohibit abortion, except "to prevent the death of the mother and in reported cases of rape or incest."1

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