pre-Roe statutes were based on § 230.3 of the Model
Penal Code. The
statutes allowed an abortion to be performed before the one
hundred fiftieth day of pregnancy when (1) there was “substantial
risk that continuance of the pregnancy [would] greatly impair
the physical or mental health of the mother,” (2) “the child
would be born with serious physical or mental defect,” or (3)
the pregnancy resulted from felonious intercourse. After
the one hundred fiftieth day, abortion was permitted only if “the
life of the pregnant woman [was] in imminent danger.”
to Roe, most of these statutes were declared unconstitutional
in an unreported decision of a three-judge federal court, and
were later repealed. The
pre-Roe statutes would not be revived by a decision
overruling Roe v. Wade. Abortions could be performed
for any reason at any stage of pregnancy.
Rev. Stat. § 435.405 et seq. (1969).
Id. §§ 435.415,
435.425(1). As the experience in California demonstrated,
mental health exceptions were widely abused. See
People v. Barksdale, 503 P.2d 257, 265 (Cal. 1972)
(noting that more than 60,000 abortions were reported in
1970, more than 98% of which were performed for alleged
reasons of mental health).
Id. § 445(1). The
law imposed other conditions. Abortions could be performed
only by licensed physicians in licensed hospitals. Id. §§ 435.415(3),
435.405(1), 435.405(2). Except in emergency cases, two
other physicians had to certify in writing the circumstances
justifying an abortion. Id. §§ 435.425, 435.445(1). If
the person seeking an abortion was a minor, the written
consent of her parent was required; and, if she was married
and living with her husband, his written consent. Id. § 435.435.
v. Johnson, No. 70-226 (D. Or. Feb. 1973).
Laws 868, ch. 470, § 1.
the Oregon Court of Appeals held an administrative rule
restricting public funding of abortions violated the state
privileges and immunities provision, see Planned Parenthood
Ass’n, Inc. v. Dep’t of Human Resources, 663 P.2d 1247,
1257-61 (Or. Ct. App. 1983), the Oregon Supreme Court affirmed
the decision on other (statutory) grounds, holding that
the court of appeals’ “ruling and the constitutional challenge
are premature.” Planned Parenthood Ass’n, Inc. v. Dep’t
of Human Resources, 687 P.2d 785, 787 (Or. 1984).