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SHINEOVICH AND KEMP

070363564, A138013.

214 P.3d 29 (2009)

229 Or. App. 670

Sondra Lee SHINEOVICH, Petitioner-Appellant, and Sarah Elizabeth KEMP, Respondent-Respondent. Sarah Elizabeth Kemp, Counterclaim Plaintiff, v. Sondra Lee Shineovich, Counterclaim Defendant.

Court of Appeals of Oregon.

Decided July 15, 2009.

Attorney(s) appearing for the Case

Mark Johnson argued the cause and filed the briefs for appellant.

Murphy McGrew argued the cause and filed the brief for respondent.

Charles F. Hinkle, P.K. Runkles-Pearson, Chin See Ming, Kenneth Y. Choe, and James D. Esseks filed the brief amici curiae for American Civil Liberties Union, ACLU Foundation of Oregon, Inc., and Basic Rights Oregon.

Before ARMSTRONG, Presiding Judge, and ROSENBLUM, Judge, and SERCOMBE, Judge.

ROSENBLUM, J.

In this action for declaratory relief, petitioner challenges the constitutionality of two statutes under which a married man is, by operation of law, deemed to be the legal parent of children born to his wife. Petitioner and respondent were in a same-sex relationship for 10 years, during which time respondent twice became pregnant by artificial insemination. After the parties separated, petitioner brought this action, seeking a declaration that she is...

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