IN RE INITIATIVE PETITION NO. 349

No. 76437.

838 P.2d 1 (1992)

In re INITIATIVE PETITION NO. 349, STATE QUESTION NO. 642.

Supreme Court of Oklahoma.

As Corrected August 5 and 18, 1992.


Attorney(s) appearing for the Case

Kevin M. Abel, William A. Caldwell, Michael W. Pierce, Tulsa, for proponents, Okl. Coalition to Restrict Abortion, Inc. and Fred W. Sellers, Jr.

Robert H. Henry, Atty. Gen., Susan Loving,1 Atty. Gen., Neal Leader, Rachel Lawrence-Mor, Asst. Attys. Gen., Oklahoma City, for State.

Thomas Dee Frasier, Laura Emily Frossard, Gary Dean Allison, Tulsa, for protestants, Nancy Feldman & Kim Little.

Richard A. Mildren, Gary L. Watts, Oklahoma City, Rebecca J. Patten, Norman, Kathryn Kolbert, Simon Heller, Andrew Dwyer, New York City, for protestants, Janet Taliaferro, Andrew Tevington, & Pam Fleischaker.

Roger K. Evans, Carole Chervin, New York City, for amici curiae, U.S. Senator David Boren, U.S. Representatives Dave McCurdy and Mike Synar, The Former Speaker of the U.S. House of Representatives Carl Albert, Bruce Ackerman, Paul Brest, Guido Calabresi, Walter Dellinger, Geoffrey Stone, & Lawrence Tribe.


KAUGER, Justice.

Although this proceeding, filed in reference to Initiative Petition No. 349 (petition/abortion petition), initially presented multiple issues, the United States Supreme Court's decision in Planned Parenthood v. Casey, ___ U.S. ___, ___, 112 S.Ct. 2791, 2815, 120 L.Ed.2d 674 (1992) has rendered a single issue dispositive — whether Initiative Petition No. 349 is constitutional. We find: 1) that...

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