Mabon v. Myers

33 P.3d 988, 332 Or. 633, 2001 Ore. LEXIS 817
CourtOregon Supreme Court
DecidedNovember 8, 2001
DocketSC S48518
StatusPublished
Cited by26 cases

This text of 33 P.3d 988 (Mabon v. Myers) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mabon v. Myers, 33 P.3d 988, 332 Or. 633, 2001 Ore. LEXIS 817 (Or. 2001).

Opinions

[636]*636LEESON, J.

This ballot title review proceeding, brought under ORS 250.085(2), concerns the Attorney General’s certified ballot title for a proposed initiative measure that the Secretary of State has denominated as Initiative Petition 34 (2002).1 Petitioner challenges the caption, the “yes” and “no” vote result statements, and the summary of the Attorney General’s certified ballot title. For the reasons explained below, we hold that the caption does not comply substantially with statutory requirements. We refer the ballot title to the Attorney General for modification. ORS 250.085(8); Flanagan v. Myers, 332 Or 318, 323-24, 30 P3d 408 (2001).

The proposed measure would amend the Oregon Constitution by adding to Article I, section 1, the following text:

“(1) God Almighty gives Human Life. In the womb, He forms a Human Being. At the beginning of that process, it is God, not man, who establishes Human Personhood. Therefore, we the People of the state of Oregon, in humility and obedience to Nature’s God, the Lord of Heaven and earth, shall keep safe from mortal harm all innocent Human Life, acknowledging and protecting the Human Person from the moment of fertilization until natural death, so help us God.”

The Attorney General certified the following ballot title:

“AMENDS CONSTITUTION. PROHIBITS: ABORTION; PHYSICIAN AID-IN-DYING; CERTAIN PAIN-CONTROL, BIRTH-CONTROL METHODS; OTHER ‘MORTAL HARM’
“RESULT OF YES’ VOTE: Yes’ vote prohibits abortion, physician aid-in-dying, certain pain-control and birth-control methods, other ‘mortal harm’; ‘protects’ ‘person’ from fertilization until ‘natural death.’
[637]*637“RESULT OF ‘NO’ VOTE: ‘No’ vote retains current laws allowing abortion, physician aid-in-dying, pain-control and birth-control methods; rejects ‘protecting’ ‘person’ from fertilization until ‘natural death.’
“SUMMARY: Amends constitution. Under current law, abortion permitted before fetus becomes viable outside womb; after viability, abortion allowed if women’s life endangered; woman may use birth-control methods effective after fertilization, including IUD’s, morning-after pill, some oral contraceptives; pain control permitted that may hasten death; competent terminally-ill patient may choose physician-hastened death under Death with Dignity Act. Measure declares that ‘God Almighty,’ not man, establishes ‘Human Personhood’ at fertilization. Measure requires citizens, ‘in humility and obedience to Nature’s God,’ to ‘protect’ from ‘mortal harm’ all ‘innocent Human Life,’ [‘] acknowledging,’ ‘protecting’ ‘Human Person’ from fertilization until ‘natural death.’ Measure does not define terms quoted above. Measure prohibits abortion, physician aid-in-dying, birth-control methods taken after conception, pain control that may hasten death.”

ORS 250.035(2)(a) provides that a ballot title for a proposed state measure shall include “[a] caption of not more than 15 words that reasonably identifies the subject matter of the state measure.” The caption is the “cornerstone for the other portions of the ballot title.” Greene v. Kulongoski, 322 Or 169, 175, 903 P2d 366 (1995). As the “headline” for the ballot title, the caption “provides the context for the reader’s consideration of the other information in the ballot title.” Id. A caption complies substantially with the requirements of ORS 250.035(2)(a) if it identifies the subject matter of the proposed measure in terms that will not confuse or mislead potential petition signers and voters. Id. at 174-75. A caption that catalogues the effect of a proposed measure, without identifying its subject matter, is inadequate. Carson v. Myers, 326 Or 248, 254, 951 P2d 700 (1998).

Petitioner contends that the Attorney General’s caption fails to comply substantially with ORS 250.035(2)(a) because it fails to identify reasonably the subject matter of the proposed measure. Instead, petitioner contends, the Attorney General’s caption is a “mini-summary” that lists conduct that the proposed measure would prohibit, thereby [638]*638describing its major effects on Oregonians’ existing legal rights and duties. The Attorney General defends the caption on the ground that it provides what the Attorney General believes to be the “critical information” that voters should receive about conduct that the proposed measure would prohibit if it were to become the law of Oregon.

In determining whether a caption reasonably identifies the subject matter of a proposed measure, this court examines the text of the proposed measure itself. Earls v. Myers, 330 Or 171, 175, 999 P2d 1134 (2000). In this case, the proposed measure consists of four sentences. The fourth sentence states that the people of the State of Oregon “shall keep safe from mortal harm all innocent Human Life, acknowledging and protecting the Human Person from the moment of fertilization until natural death.” The first three sentences in the proposed measure explain the rationale for the fourth sentence. The text of the proposed measure thus makes clear that its subject matter is stated in the fourth sentence, that is, in the promise that the people of Oregon will protect some human life from fertilization until natural death. The Attorney General must identify that subject matter.2 Although there is no categorical prohibition against also listing certain consequences, such as prohibited conduct, in the caption, any such list may not interfere with reasonably identifying the subject matter of the proposed measure.

In this case, the Attorney General’s catalogue of conduct that the Attorney General believes the proposed measure would prohibit has interfered with the Attorney General’s task of reasonably identifying the subject matter of the proposed measure. To the extent that the Attorney General’s caption identifies the subject matter of the proposed measure at all, the caption states only that the proposed measure [639]*639would prohibit “other ‘mortal harm.’ ” That truncated statement demonstrates the problem of choosing to describe some of the likely effects of the proposed measure, rather than identifying its subject matter. The statement in the caption that the proposed measure would prohibit “other mortal harm” implies that the subject matter of the proposed measure includes a promise to prohibit all “mortal harm” to human life, including abolishing the death penalty. The text of the proposed measure makes clear that its subject matter is a promise to protect only some human life from mortal harm. Because even that part of the Attorney General’s caption does not identify reasonably the subject matter of the proposed measure, the caption does not comply substantially with the statutory requirement, and the Attorney General must modify it. We refer the ballot title to the Attorney General for that purpose.

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Novick v. Myers
36 P.3d 464 (Oregon Supreme Court, 2001)
Mabon v. Myers
35 P.3d 1016 (Oregon Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
33 P.3d 988, 332 Or. 633, 2001 Ore. LEXIS 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mabon-v-myers-or-2001.