DOES 1, 2, 3, 4, 5, 6, AND 7 v. STATE

(98C-20424; CA A107235)

993 P.2d 822 (1999)

164 Or. App. 543

Jane DOES 1, 2, 3, 4, 5, 6, and 7, Appellants, v. The STATE of Oregon; John A. Kitzhaber, Governor of Oregon; and Edward Johnson, State Registrar of the Center for Health Statistics in Oregon, Respondents, and Helen Hill, Curtis Endicott, Susan Updyke; and the Oregon Adoptive Rights Association, Intervenors-Respondents.

Court of Appeals of Oregon.

Decided December 29, 1999.


Attorney(s) appearing for the Case

I. Franklin Hunsaker, Portland, argued the cause for appellants. With him on the briefs were Loren D. Podwill and Bullivant Houser Bailey, a professional corporation.

David Schuman, Deputy Attorney General, argued the cause for respondents. On the joint respondents' brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, Mary H. Williams, Assistant Solicitor General, and Brendan C. Dunn and Robert M. Atkinson, Assistant Attorneys General.

Thomas E. McDermott III, Portland, argued the cause for intervenor-respondents. With him on the joint respondents' brief was Roy Pulvers.

Jeffrey M. Batchelor, Jeffrey M. Batchelor, P.C., Michael P. Bentzen, Hughes & Bentzen, and David M. McConkie, Merrill F. Nelson and Kirton & McConkie filed a brief amicus curiae for National Council for Adoption.

Before De MUNIZ, Presiding Judge, and LINDER and BREWER, Judges.


De MUNIZ, P.J.

Plaintiffs appeal from a summary judgment in favor of defendants State of Oregon and various state officials in their action for declaratory and injunctive relief to have voter-enacted initiative Measure 58 (1998) declared invalid and to enjoin the state from implementing that measure. Under Measure 58, adopted people over the age of 21 may gain access to their original birth certificates and thus may determine the identities of their birth mothers...

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