Nine States Have Strengthened Their Laws Against Assisted Suicide

Alabama Governor
Kay Ivey

By Margaret Dore, Esq., MBA

In the last thirteen years, at least nine states have strengthened their laws against assisted suicide and/or euthanasia. They are:

1.  Alabama:  In 2017, Alabama enacted the Assisted Suicide Ban Act;
2.  Arizona:  In 2014, Arizona strengthened its law against assisted suicide.
3.  Georgia:  In 2012, Georgia strengthened its law against assisted suicide.
4.  Idaho:  On April 5, 2011, Idaho strengthened its law against assisted suicide.
5.  Indiana:  On January 29, 2024, the Indiana House and Senate supported a joint resolution opposing  and condemning assisted medical suicide.

Good News Worth Remembering

By Margaret Dore, Esq.

In 2010, Kathryn Tucker, Director of Legal Affairs for Compassion & Choices, published an article in the Idaho Bar Association magazine, The Advocate. The article referred to assisted suicide and euthanasia as “aid in dying,” which Tucker claimed was legal in Idaho.  

The reaction to Tucker's claim was swift and brutal. In the next issue of The Advocate, there were nine letters against her. The writers included a former Chief Justice of the Idaho Supreme Court, Robert E. Bakes, who characterized her article as a “gross misunderstanding of Idaho law.” Another writer termed the article "malarkey."  

Defeating Assisted Suicide Before it Gets Started

I'm giving a lecture this weekend titled: "Arguing Smart: Defeating Assisted Suicide & Euthanasia Before it Gets Started."

The course description is below.  A hard copy of the course materials can be viewed by clicking here.

Margaret Dore

Course Description:

In 2010, assisted suicide advocates targeted Idaho for legalization of assisted suicide, which they termed "aid in dying." Their legal director owned a home there and was in the state actively meeting people, talking to newspapers and otherwise drumming up support. The legal director had also got an article published in The Advocate, the official publication of the Idaho State Bar Association. And then she was defeated by nine well-placed letters.

Massachusetts: Assisted Suicide is a Recipe for Elder Abuse; Do not be Deceived

By Margaret Dore

A ballot initiative to legalize physician-assisted suicide via a "death with dignity" act is now in the signature-gathering stage in Massachusetts.[1]

Physician-assisted suicide is legal in just two states: Oregon and Washington.[2]  In both states, acts to legalize the practice were enacted via sound-bite ballot initiative campaigns.[3]  No such law has made it through the scrutiny of a legislature.  Just this year, bills to legalize assisted suicide were defeated in Montana, New Hampshire and Hawaii.[4] Just this year, Idaho enacted a statute to strengthen its law against assisted suicide.[5]

The proposed Massachusetts act is a recipe for elder abuse.  Key provisions include that an heir, who will benefit financially from a patient's death, is allowed to participate as a witness to help sign the patient up for the lethal dose.  See Section 21 of the act, allowing one of two witnesses on the lethal dose request form to be an heir, available here.  This situation invites undue influence and coercion.

Once the lethal dose is issued by the pharmacy, there is no oversight.  See entire proposed act, available here.  The act does not require witnesses when the lethal dose is administered.  See act here.  Without disinterested witnesses, an opportunity is created for an heir, or another person who will benefit from the patient's death, to administer the lethal dose to him without his consent.  Even if he struggled who would know?

In Massachusetts, proponents are framing the issue as religious.  In Washington state, proponents used a similar tactic and even religious slurs to distract voters from the pitfalls of legalization.  What the proposed law said and did was all but forgotten.

        

        Do not be deceived.

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Margaret Dore is an attorney in Washington State where assisted suicide is legal.  She is also President of Choice is an Illusion, a nonprofit corporation opposed to assisted suicide.  Her publications include Margaret K. Dore, "Physician-Assisted Suicide: A Recipe for Elder Abuse and the Illusion of Personal Choice," The Vermont Bar Journal, Winter 2011.

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[1]  To view the proposed Massachusetts initiative, click here:  http://www.mass.gov/Cago/docs/Government/2011-Petitions/11-12.pdf
[2]  In Montana, there is a court decision that gives doctors who cause or aid a suicide, a potential defense to criminal prosecution for homicide.  The decision does not legalize assisted suicide by giving doctors or anyone else immunity from criminal prosecution and civil liability.  To learn more, go here:  http://www.montanansagainstassistedsuicide.org/p/baxter-case-analysis.html  The assisted suicide promotion group, Compassion & Choices, has a new campaign claiming that assisted suicide is "already legal" in Hawaii.  This is an odd claim given that bills to legalize assisted suicide in Hawaii have repeatedly failed, most recently this year.  See here for the most recent bill: http://capitol.hawaii.gov/Archives/measure_indiv_Archives.aspx?billtype=SB&billnumber=803&year=2011
[3]  Oregon's physician-assisted suicide act was enacted via Ballot Measure 16.  Washington's act was enacted via Initiative 1000.
[4]  In Montana, SB 167 was tabled in Committee and subsequently died on April 28, 2011.  In New Hampshire, HB 513 was defeated on March 16, 2011.  In Hawaii, SB 803 was defeated on February 7, 2011 .
[5]  On July 1 2011, Idaho's new statute strengthening Idaho law against assisted suicide went into effect:   http://www.choiceillusionidaho.org/2011/07/idaho-strengthens-law.html