State of Oregon: the Oregon Death with Dignity Act [ballot measure 16].
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HELD: Oregon's Death with Dignity Act, Measure 16, which legalizes physician-assisted suicide for certain terminally ill persons, violates the equal protection clause of the fourteenth amendment to the United States Constitution. Measure 16 fails to withstand even the lowest level of judicial scrutiny because the disparate treatment afforded the class of terminally ill persons does not further any legitimate state interest.
It's hard to tell whether we're hearing a collective sigh of relief or the catching of one's breath as Oregon's Death with Dignity Act was passed but put on hold. Regardless, the show's not over, although the devil in the details is starting to emerge. Many are calling the vote a "wake-up call," although it appears that opposing messages are being heard. Moreover, the distinction between physician-aided suicide and euthanasia are becoming ever more blurred.
In November, Oregon became one of the first jurisdictions outside the Netherlands to allow physician-assisted suicide. Voters decided by a narrow 51% to 49% margin to pass a Death With Dignity Act, which allows terminally ill patients to receive a fatal prescription from a doctor after they meet several criteria. Observers note that the act's scope is narrow and that it would not have aided Sue Rodriguez, the British Columbia patient who went to court in an attempt to win the right to assisted suicide.
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