For the family members of terminally ill patients the alternatives to assisted suicide are far more gruesome. Imagine the horror of family members that must deal with the hard facts of a far more brutal suicide, not only the physical disfigurement of the patients but the sense that there was not an opportunity for closure. No matter what your personal beliefs are the Death with Dignity Act had to be on the ballot, the people had to decide. When you narrow it down to the simplest form this decision is ultimately up to the individual. If a person truly wants to end their suffering there really is nothing that a politician can or should do.
Measure 16, the first of its kind to pass in the United States, allowed physician assisted suicide in the cases of terminally ill patients whose life expectancy was less than 6 months. Oregon legislators had tried to enact Right to Die legislation before, and failed. Based on this failure the Hemlock Society formed the Oregon Right to Die Committee. This committee secured more than 95,000 signatures to bring a referendum to the ballot allowing physician assisted suicide. This referendum became Measure 16 and was placed on the ballot for the November 8th general election of 1994.
Campaigns had been waged for months leading up to the general election. Opponents to the measure spent over twice the amount of money on their campaign as those supporting Measure 16. The result of these campaigns was a slim victory for the Hemlock Society and the Right to Die movement with a 51% to 49% decision to pass Oregon’s Death with Dignity Act. Within days following the November election a lawsuit was filed on behalf of doctors, nursing homes, and terminally ill patients who claimed Measure 16 was unconstitutional. Their opinion was that under the 14th Amendment of the Constitution, they were guaranteed equal protection and due process by law. It was their opinion that Measure 16 violated this right. A temporary restraining order was issued and later on December 7, 1994, Judge Michael Hogan issued a temporary injunction against Measure 16 preventing it from becoming law. Appeals were filed and the case was eventually heard by the 9th Circuit Court. In 1997 the 9th Circuit Court dismissed the case based on lack of evidence to challenge Measure 16.
Oregon legislature reviewed Measure 16 during 1997 sessions and found many disturbing facts. They reviewed the fact that prescription drugs cannot guarantee a humane death and questioned patient eligibility. Religious groups and the medical community were also concerned with the failure rate of physician-assisted suicide under Measure 16. After further debate, the decision was made to put Measure 16 to the test by another vote. This time a referendum to repeal the Oregon Death with Dignity Act was placed on the ballot. This would later become known as Measure 51.
Measure 51 was offered to the voters of Oregon in order to remedy and clarify Measure 16. A "no" vote on Measure 51 would result in the reaffirmation of the physician-assisted suicide law previously enacted by Measure 16. A "yes" vote on Measure 51 would result in the repeal of Measure 16. Measure 51 provided voters with a summary of Measure 16, Oregon’s Death with Dignity Act, previously passed by voters in 1994. Voters were also provided with a background detailing the arguments and campaign strategies of Measure 16. Additionally, Oregon voters were privy to the pros and cons of Measure 51. The majority of the arguments of those opposed to the legalization of physician-assisted suicide were of religious and ethical beliefs; suicide, in any form, is one of the worst possible sins. Those for the reaffirmation of Measure 16 argued that the people of Oregon should have the right to choose to die with dignity and that no one should have to die a slow and painful death.
The Oregon Medical Association lobbied in favor of Measure 51 because they wanted to make sure Oregon voters knew where they stood in regards to physician-assisted suicide. The Oregon Medical Association specifically opposed Oregon’s Death with Dignity Act because they felt it had serious flaws. The Oregon Association of Hospitals and Health Systems, advocates for people with disabilities, and several independent physicians strongly urged Oregon voters to repeal Oregon’s Death with Dignity Act and to vote in favor of Measure 51.
Terminally ill Oregonian adults strongly lobbied voters to vote against Measure 51. They claimed that Oregon’s Death with Dignity Act provided them with a choice and in return, that choice gave them peace of mind. Governor John Kitzhaber, healthcare professionals and family members of the terminally ill whole-heartedly campaigned for voters to oppose Measure 51. Interestingly enough, several members of the Oregon Medical Association were also in favor of Oregon’s Death with Dignity Act and opposed its repeal. In November 1997, the Oregon Death with Dignity Act was reaffirmed by 60% of Oregon voters voting in support of physician-assisted suicide while 40% percent voted for the repeal of Measure 16. Consequently, Oregon remains one of the most passionately pro-choice states in the nation.
So with all of the legalities out of the way, what does the Oregon Death with Dignity Act really say? The Act states that two physicians must diagnose the patient, and their condition, as terminal. A patient contemplating physician-assisted suicide must be mentally competent to make the decision to end their life by this means and must be a permanent resident of Oregon. The request for aid-in-dying must be submitted in writing. All of the for-mentioned prerequisites must be met before a prescription can be written for a lethal life-ending dose of medication.
Choosing to end your life is a decision that few of us will ever consider. However, we can relate to this circumstance in other ways. Many of us have said or have heard a family member say “don’t keep me on life support if something terrible ever happens to me.” We accept this desire as their final wish, yet if a person is diagnosed with a terminal illness ending their pain is not a lawful option except in Oregon. Many people each day spend their final moments in pain and fear, while machines aid their struggling, dying bodies to live and breathe while family members wait. Loved ones are faced with the horrible reality that they may have to choose to turn life support off. This is how relatives and friends will remember the final moments of someone’s life. Oregon’s law allows a person to choose and exercise a right to die with dignity. Since 1997, a total of 91 Oregonians have decided not to end their lives in pain and suffering. It was their personal decision, a decision made without the fear of someone intruding on their right to choose how to live and die.
The responsibility of reporting the annual statistics of physician-assisted suicide falls on Oregon Health Services to show the impact the law has made on the people of Oregon. There are several categories they report on including; age, race, sex, marital status, education and underlying illness. In their fourth annual report we find that there 33 physicians who prescribed lethal doses of medication in participation with Oregon’s Death with Dignity Act. Of those 33 physicians, 50% were internal medicine specialists, 25% were oncologists, 19% were family medicine practitioners, and the other 6% specialized in other fields of medicine. The types of medication prescribed for physician assisted suicide has been consistent. From 1998 to 2001, secobarbital was prescribed to 67 of the 70 patients who participated in physician-assisted suicides. In the last half of 2001, five patients were prescribed pentobarbital and this was because the manufacturer of secobarbital, Eli Lilly, stopped producing secobarbital.
Although many do not agree with or would not participate in Oregon’s Death with Dignity Act the reasoning behind its use can be understood by non-supporters. Oregon Health Services reports that the most frequent concerns leading to the request of physician assisted suicide are losing autonomy (94%), the decreased ability to participate in enjoyable life activities (76%) and losing control of bodily functions (53%). Imagine yourself in any of these circumstances and ask yourself this tough question “would I be willing to end my life by using physician assisted suicide?” We leave you with this quote from Salem, Oregon resident Randy Marcus, whose mother committed assisted suicide after a long bout with cancer:
“We can prolong people’s lives even if they’re in agony. We have the medical expertise to do that, but do we have the moral expertise to be kind to people and let them go?”
