Physician Assisted Suicide Movement in 1906
The 1906 debate concerning whether or not to legalize Physcian Assisted Suicide legal in Iowa and Ohio was the first significant effort to make PAS legal. Ohio quickly rejected it with a vote of 79-23 in the Ohio Legislative.
California's Propistion 161
In 1992, members of the Californian's against Human Suffering created and proposed Proposition 161 which would alllow terminal patients with less than six months to live the right to end their life with the assistance of a
physician. This proposition offered more safeguards against abuse by physicians than Washington’s Initiative 119, such as special protections for patients in nursing facilities. Despite their efforts this proposition was also rejected only gaining 46 percent of the vote.
physician. This proposition offered more safeguards against abuse by physicians than Washington’s Initiative 119, such as special protections for patients in nursing facilities. Despite their efforts this proposition was also rejected only gaining 46 percent of the vote.
Cases in New York
In 1994, a suit was filed in New York claiming that the anti-assisted suicide statute was a violation of equal protection and liberty guarantees of the Fourteenth Amendment. This claim was rejected by the District Court on the basis
that there is no right to assisted suicide given by the U.S. Constitution. In 1996, the U.S. Court of Appeals overturned this ruling with the reasoning that the criminalization of assisted suicide violates the Equal Protection Clause. However, the U.S. Supreme Court unanimously reversed the U.S. Court of Appeals decision in Vacco v. Quill, 521 U.S. 793 (1997).
that there is no right to assisted suicide given by the U.S. Constitution. In 1996, the U.S. Court of Appeals overturned this ruling with the reasoning that the criminalization of assisted suicide violates the Equal Protection Clause. However, the U.S. Supreme Court unanimously reversed the U.S. Court of Appeals decision in Vacco v. Quill, 521 U.S. 793 (1997).
Oregon Ballot Measures
In 1994, Ballot Measure 16, a citizen initiative sponsored by Oregon Right To Die Political Action Committee, was presented to voters in Oregon. It asked if terminally ill patients with less than six months to live should be able to terminate their lives with the assistance of a doctor. Along with only six months left alive, the requirements included two oral requests and a written request from the patient. The patient must also be referred to counseling if a mental illness is suspected. Unlike before, this ballot narrowly passed with 51.3 percent of the vote. Later on in 1997, the Oregon Legislative Assembly created Measure 51 to the Oregon voters in an attempt to repeal the Death with Dignity Act. Measure 51 was defeated by 60 percent of the vote.
Washington
In 1991, the Washington state chapter of the Hemlock Society (now called Compassion &Choices)
introduced Initiative119 as an amendment to Washington’s 1979 Natural Death Act. The ballot question
asked if terminally ill adults should be allowed to receive physician aid-in-dying. This initiative was very controversial. Supporters of the initiative advertised cancer patient’s statements of wanting a dignified death. Opponents argued that the initiative would enable doctors to kill patients. The initiative failed, only receiving 46 percent of the vote. However, the Death with Dignity Act was approved on the November 4, 2008 election by 57.82% of Washington state voters. The provision allows an adult Washington resident who has a six month predicted survival to self-administer lethal medication prescribed by a physician.
introduced Initiative119 as an amendment to Washington’s 1979 Natural Death Act. The ballot question
asked if terminally ill adults should be allowed to receive physician aid-in-dying. This initiative was very controversial. Supporters of the initiative advertised cancer patient’s statements of wanting a dignified death. Opponents argued that the initiative would enable doctors to kill patients. The initiative failed, only receiving 46 percent of the vote. However, the Death with Dignity Act was approved on the November 4, 2008 election by 57.82% of Washington state voters. The provision allows an adult Washington resident who has a six month predicted survival to self-administer lethal medication prescribed by a physician.
Florida: Krischer v. McIver
This case was brought to the Florida Supreme Court in 1997 by the Florida chapter of the Hemlock Society in an attempt to overturn the state’s anti-assisted suicide law. The question was if AIDS patient Charles Hall had this right, and the case was appealed to the Florida Supreme Court. This court upheld the constitutionality of Florida’s law against assisted suicide.
Alaska: Sampson and Doe v. State of Alaska
In 1999, two terminally ill patients, Kevin Sampson and Jane Doe, sued for an order to exempt their physicians from being charged with manslaughter for assisting them in committing suicide. The superior court ruled against them, and
they appealed to the Alaska Supreme Court. This court upheld the previous ruling with the reasoning that the Alaska Constitution’s right to privacy and liberty does not allow terminally ill patients to be assisted by physicians in comitting suicide.
they appealed to the Alaska Supreme Court. This court upheld the previous ruling with the reasoning that the Alaska Constitution’s right to privacy and liberty does not allow terminally ill patients to be assisted by physicians in comitting suicide.
Montana
In the court case Baxter v. Montana, on the December 6, 2009, physician assisted suicide became legal. The Attorney General of the state of Montana sought an appeal from the Montana Supreme Court, but the court, by decision of five to two, affirmed the lower court's ruling on the state law. The Court did, however, limit the scope of the decesion by not determining if the state's Constitution protected the right.
Massachusetts
The Massachusetts Death with Dignity Initiative, a ballot measure to legalize physician-assisted suicide, was narrowly defeated in the state's 2012 general election, with 51% of voters against the proposal.