by Gerald Dworkin
I am finishing the six months a year that I live in California. While here I have been working on the campaign, led by an organization called Compassion and Choices, to get a bill passed by the California legislature–SB128. This is a bill to allow medically-assisted dying in the state of California. It is modeled on the measure passed by referendum in Oregon in 1994 by 51% of the voters. A legal injunction halted implementation of that law until 1997 when the Ninth Circuit lifted the injunction. In 1992 Californians rejected a referendum legalising assisted-dying, and the legislature has rejected similar bills four times.
Some form of medically assisted-dying is now legal in Oregon, Washington, Montana, Vermont , and one county of New Mexico. This latter reminds me of Woody Allen’s view on the existence of God. He exists everywhere except in certain parts of New Jersey.
The methods of legalization differed from state to state. Oregon was by referendum. Montana was a Supreme Court ruling. Vermont was by statute. Washington’s ballot initiative passed by 58% of the voters.
My own interest in these issues has been long-standing. In 1998 I wrote, together with two other philosophers, a book called Euthanasia and Physician-Assisted Suicide. Two of us argued for its moral and legal permissibility; one against. I should note that the use of the term “Physician-assisted suicide” is now politically incorrect, for tactical reasons. I understand that the popular prejudice against suicide makes it more difficult to rally support for the bills I favor. And even some potential users of such measures object to their death-certificate reading “suicide.” But to list the cause of death, as many such bills do, as the underlying disease process seems to me simply a lie. What caused the person diagnosed with terminal cancer to die now, rather than somewhat later, is the secobarbital the patient took. But learning to keep silent about such terminological matters was only one of many lessons I had to learn.