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You Are Here: Home > Online Library > Articles > Life & Health > Article
Constitutional Right to Be Murdered?
from the Family Research Council, April 27, 1999

Does Oregon's Death With Dignity Act allows the direct killing of the physically disabled?

State officials are now wrestling with this question after the death of Patrick Matheny from Lou Gehrig's disease. The 43-year-old, who suffered from paralysis, died March 10 after drinking a chocolate nutrition drink mixed with a lethal dose of medication as his brother-in-law held the glass.

His death has led many to question whether the law allows for direct assistance to those who wish to commit suicide but cannot administer their medication alone. The 1997 law provides immunity from criminal prosecution for doctors who "assist" patients by providing a prescription for a lethal dose of medication that the patient later administers. However, it prohibits lethal injection, mercy killing and active euthanasia (direct killing).

The district attorney investigating Matheny's death found no evidence of wrongdoing and stated his belief that it would be "unlawful" to deny the disabled the right to "make the same sorts of decisions" and have the "same rights as people who have physical ability to accomplish their objectives."

However, the deputy attorney general for Oregon stated: "If they are paralyzed or on life support and they can't swallow, I don't think the law allows the kind of assistance for them to ingest a lethal dosage of drugs."

There are currently no plans to amend the law to clarify these ambiguities. Meanwhile, Oregon has 36 district attorneys - each of whom may take a different position on permissible assistance.

(Ed Note: If you have any plans to travel to Oregon, be sure to have a full medical checkup prior to leaving!)