Montana Legalizes Assisted Suicide

In a moment of supreme decree, the Supreme Court of Montana legalized assisted suicide in a split decision. On the one hand, the Montana Supreme Court decided, there is no constitutional right to assisted suicide. On the other hand, the Montana Supreme Court ruled, there is no law that specifically prohibits suicide.

 

The Euthanasia Lobby did not get everything it wanted. But they did acknowledge, the court opened the door, to legalizing assisted suicide in Montana. I think it's a schizophrenic decision. The Court stated, that a constitutional right to assisted suicide, did not exist in Montana. But, then found that the Montana law allows consent to be used as a defense for physicians who assist a suicide.

 

The Euthanasia Lobby was denied a constitutional right. But, the Court legalized assisted suicide by stating, that if prosecuted, the physician could use the defense, that the patient had consented.

 

In the dissent, Justice Rice stated, "The Court has badly misinterpreted our public policy. Assisted suicide has been explicitly and expressly prohibited by Montana Law for 114 years ... the policy of the law is to protect human life, even the life of a person who wishes to destroy his own. To prove that the victim wanted to die would be no defense to murder."

 

Wesley Smith, a consultant to the International Task Force on Euthanasia and Assisted Suicide, stated, "The decision was very odd because, since Vacco v. Quill, the United States Supreme Court ruled unanimously, that there is relevant and legal distinction between removing unwanted life support and assisted suicide.

 

The Court's decision can be reversed by the Legislature. The Montana Legislature must pass a law that prohibits assisted suicide. This may be very difficult to do, since there's a shift in the elected representatives in Montana. This points out a valuable tool. Voters must ask their candidates where they stand on assisted suicide; and vote accordingly.

 

Since no legislative framework for assisted suicide exists in Montana, physicians are not likely to rush to kill. Illinois probably will face the same dilemma. If not in this legislative session, one in the future.