Орегон штатындағы асырау осырған ересектердің туу куәліктерін алу құқығын қалпына келтіру шарасы

Measure that restored the right of adopted adults to access their original birth certificates
Ballot Measure 58 was a citizen's initiative that was passed by the voters of the U. S. state of Oregon in the November 1998 General Election. The measure restored the right of adopted adults who were born in Oregon to access their original birth certificates. The measure passed with 609,268 votes in favor, 454,122 against. It was immediately challenged by several birth mothers who had put children up for adoption, which delayed instituting the measure for a year and a half.

Upon receipt of a written application to the state registrar, any adopted person 21 years of age and older born in the state of Oregon shall be issued a certified copy of his/her unaltered, original and unamended certificate of birth in the custody of the state registrar, with procedures, filing fees, and waiting periods identical to those imposed upon non adopted citizens of the State of Oregon pursuant to ORS 432.120 and 432.146. Contains no exceptions. The court of appeals again issued a seven day stay on December 30, 1999, to allow the plaintiffs to file an emergency appeal to the Oregon Supreme Court. On January 6, 2000, the Oregon Supreme Court ruled that the emergency stay would continue indefinitely. The court declined to hear the case without comment on March 20, 2000, and continued a 21 day stay to give the birth mothers a chance to appeal to the Supreme Court of the United States. The stays were granted four more times, postponing implementation until May 30, 2000. In the final two legal battles over Measure 58, the birth mothers were denied a motion to reconsider by the Oregon Supreme Court on May 16, 2000. Also on May 23, 2000, the Oregon Supreme Court refused to extend the stay against the new law. The legal battle ended on May 30, 2000, when Supreme Court Justice Sandra Day O'Connor denied a request for a stay.

May 22, Supporters of the initiative petition to allow adoptees unseal their birth records turned in 86,422 signatures turned into the Oregon Secretary of State. July 9, Ballot Measure 58 qualifies with 73,261 signatures. August 26, Willamette Week publishes a story advocating passage of Measure 58 as a fight for civil rights. September 2, Then Governor of Oregon John Kitzhaber states he opposes the measure. September 16, Willamette Week publishes story, "Bastard: Adoption in America" which chronicles one persons struggle to find answers about their adoption. September 23, The Oregonian publishes a column stating that oppose the measure due to privacy concerns. October 12, Oregon's Secretary of State publishes the Voter's Pamphlet listing arguments both for and against Measure 58. October 14, Willamette Week publishes an editorial in support of Measure 58. November 1, An ad appears in The Oregonian that lists the names of 500 birth mothers who support the measure. November 3, Ballot Measure 58 is passed by the voters 57% to 43%. December 1, Marion County Circuit Judge Albin W. Norblad grants an injunction halting implementation of Measure 58 as a result of a lawsuit filed by Franklin Hunsaker, on behalf of four anonymous birth mothers. December 9, Three private parties, including Helen Hill, Chief Petitioner for Measure 58, Curtis Endicott, a St. Helens adoptee, and Susan Updike of Scappoose, a birth mother—and one organization, the Oregon Adoptive Rights Association, seek intervenor status in the Measure 58 lawsuit. Intervenor status would allow them to cross examine witnesses, examine evidence, and participate in some court activities. These parties are represented in court by Portland attorney Thomas E. McDermott. December 18, Three more anonymous birth mothers are added as plaintiffs in an amended complaint.

January 5, Franklin Hunsaker, attorney for the six plaintiffs, files an emergency appeal of the Appeals Court ruling to the Oregon Supreme Court. The Oregonian reports Birth mothers seek hold on law

January 6, Oregon Supreme Court ruled that the seven day stay granted by the Court of Appeals on December 30 will continue indefinitely. March 20, Oregon Supreme Court lets Measure 58 stand. The Oregon Supreme Court today declined without comment to hear the appeal challenging Measure 58. The Court continued a stay suspending the law for 21 more days, allowing the plaintiffs to ask the Court to reconsider, or to file an appeal to the U. S. Supreme Court. April 5, As the 21 day stay granted by the Oregon Supreme Court approaches expiration, plaintiffs' attorney Hunsaker asked the court for another 21 day stay to allow more time to file an appeal. April 10, The Oregon State Supreme Court has granted another 21 day stay till May 2 to allow plaintiffs' attorney Franklin Hunsaker more time to file a motion for reconsideration. May 2, The Oregon State Supreme Court has granted yet another stay while it considers a motion filed today by attorney Franklin Hunsaker asking that the Supreme Court itself should rule, not just let the lower court decision stand. May 16, The Oregon Supreme Court today denied without comment a motion to reconsider its decision to let stand an appellate court ruling that upheld the legality of Measure 58. Yet another stay has been granted however until May 30 to allow the challengers of the measure to appeal to the United States Supreme Court. May 19, Franklin Hunsaker filed a motion with the Oregon Court of Appeals to stay enforcement of Measure 58 until the U. S. Supreme Court can rule on the plaintiff's petition for certiorari. The Appeals Court asked for opposing arguments to the motion from The Attorney General's office and intervenors' attorneys McDermott and Pulvers. May 23, The Oregon Court of Appeals denied a motion by Hunsaker to extend a stay against Measure 58. Plaintiffs next step is to seek a stay from a justice of The U. S. Supreme Court to allow time to file an appeal there. All challenges to Measure 58 at the state level are exhausted. May 25, An AP news story, "Oregon Adoptees To Get Records", notes that unless the Supreme Court agrees to hear a constitutional challenge to Measure 58, the measure will go into effect on Tuesday May 30 at 5:01 p. m.

May 30, Supreme Court Justice O'Connor denies request to stay Measure 58. Plaintiff's attorney Franklin Hunsaker has appealed at the last minute to Justice Thomas, who has not responded yet. Although Court rules allow this, such moves are not favored, and would usually need a majority vote of the full court to be accepted. Measure 58 goes into effect at 5:01 p. m.