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Running Head: LEGAL CASES REGARDING EUTHANASIA IN THE US
Legal Cases Regarding Euthanasia in America
Arielle Vu
Liberty High School
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LEGAL CASES REGARDING EUTHANASIA IN THE US
Abstract
This research looks at the legal matters of contemporary bioethics of passive and active
euthanasia in The United States of America. Euthanasia, otherwise known as assisted suicide, is
the act of deliberately killing someone to put them out of their misery and pain. Proponents of
euthanasia contend that terminally ill people should have the right to end their suffering with a
quick, dignified, and compassionate death. Euthanasia has been legalized in many countries all
over the world, meanwhile the United States has been only recently begun to develop the act.
Due to the argument over whether euthanasia is murderous or relief, there are only five states in
the U.S that has legalized euthanasia. This paper analyzes different cases that bring evidence to
both ethical opinions on the subject and whether or not euthanasia should continue to be
legalized in the United States.
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LEGAL CASES REGARDING EUTHANASIA IN THE US
Legal Matters Regarding Euthanasia in the United States
INTRODUCTION
There are patients who, when faced at a moment of suffering and excruciating pain, may
just want to end their lives. For this reason, euthanasia has been an option for many patients and
their families. The United States has been one of the last countries to legalize euthanasia, and
there have been many imminent questions as to why. Drawing from legal case studies, such as
O’Connor (2014), many argued that euthanasia should be illegal because it’s a form of assisted
suicide and approved murder, while in some cases like the Maynard (2014) argue that it should
be legal because it is a form of relief for the patients and their families. Maynard and her parents
believed that death would be less terrifying and painful if they knew when and how it would
happen. The debate over whether euthanasia should be legal in all states of the US has been an
ongoing discussion since the early 1900’s that has caused multitudes of controversies. As of
2006, euthanasia is the most active area of research in the contemporary bioethics. Due to many
pending legal matters, life or death can be seen as either murder, or a way of relief.
As a whole, euthanasia, known as assisted suicide, is the deliberate form of terminating a
very sick person’s life from their suffering. In many cases, it is the patient’s request but
sometimes when the patient is too ill or incapable, family members or medical professionals can
make the decision. Some who are against euthanasia argue for the sanctity of life, while others
believe in bodily integrity and self-determination. Belgium, the Netherlands, Luxembourg,
Switzerland, Germany, Albania, Columbia, Japan have already concluded on the issue, which is
to legalize it; whereas the United States have recently tackled this bioethical topic. Currently,
Washington, Oregon, Montana, Vermont and most recently New Mexico have legalized
euthanasia.
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LEGAL CASES REGARDING EUTHANASIA IN THE US
BACKGROUND RESEARCH
In the medical field, about 46% believe that euthanasia should be allowed in some cases,
40% do not and 14% consider that it depends and varies upon each situation. (Bnuckols, pg. 1).
Some presume that allowing people to commit euthanasia would get what they request, and also
provide other patients who do want to live, with those additional resources to survive. Many can
argue that the Suicide Act makes it a crime to help commit suicide. This argument is valid
because in a case of murder, it would be more difficult to claim that the action was actual
euthanasia. Depending on the circumstances, euthanasia is regarded as either manslaughter or
murder and is punishable by law, with a maximum penalty of up to life imprisonment.
There are two types of euthanasia, active and passive euthanasia. Active euthanasia uses
large dose of sedatives injections to end a suffering patient’s life. Passive euthanasia, a more
slow way, is by withholding or withdrawing care and treatment to save that person’s life. When a
person is entered into hospice care, passive euthanasia is often used. The physician assures the
patient is comfortable, but does not give the patient further treatments. Many reasons why
patient’s families are against assisted suicide is because of the guilt after the patient is dead. In
the case of Cramer (2012), Mars Cramer and his wife Mathilde, decided that active euthanasia
was in their best interest since Mathilde’s cancer was a vigorously killing her. After the
euthanasia had been applied, Cramer discusses “Three times I went upstairs to take a look.
Mathilde was lying there peacefully, quite cold, even colder than the room, so it seemed” (2013,
pg. 1). In the aftermath of his wife’s death, knowing that it was a choice of peace made him feel
more comfortable with the decision on assisted suicide.
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LEGAL CASES REGARDING EUTHANASIA IN THE US
TOPICS ON LEGAL MATTERS OF EUTHANASIA
For many patients, their families, and medical professionals, euthanasia can be
considered as an effective way to die. This proves specifically true in oncology patient; about
two thirds of oncology patients and the public found euthanasia and physician-assisted suicide
acceptable for patients with unremitting pain (Emanuel, 1996). Last stage oncology parents tend
to accept the terms of assisted suicide more due to their quality of life, and expiration date. In
Brittany Maynard’s 2014 case, a 29 year-old with stage four Glioblastoma (a malignant brain
tumor) decided that she wanted to put Oregon’s legal suicide to use. According to Maynard
(2014), “Being able to choose to go with dignity is less terrifying…” (p. 1). This is an ongoing
reason for many patients who do want to use active euthanasia. Dying patients believed that it
would be easier to choose their time of death, rather than letting their bodies decide. Michael
Irwin, MPH, MD, and current Coordinator of the Society for Old Age Rational Suicide (SOARS)
(2013) wrote “The right to die should be a matter of personal choice” (pg. 1).
In the case of Terri Schiavo’s in April of 2014, legal matters came in when Schiavo’s
husband wanted to put her out of her misery, while her parents did not. In 1990, Terri Schiavo
collapsed in her house, and her brain was in a vegetative state for an unknown reason. She could
breathe and eat through machines, but she was unconscious the entire time. Mr. Schiavo wanted
to detach the feeding tube that gave her nourishment believing that his wife would have never
wanted to live that way. The Schindlers (Terri’s parents) insisted that the tube be kept in place.
To Mr. Schiavo, the woman he had married was no longer alive. To the Schindlers, a sentient
human was still in that body. Since they couldn’t make a decision, Florida courts sided with her
husband due to the law. Haberman (2003) found the following:
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LEGAL CASES REGARDING EUTHANASIA IN THE US
“In 2003, the State Legislature passed a bill giving the governor, Jeb Bush at the time, the
authority to prevent removal of the feeding tube. This legislation, later declared
unconstitutional by the Florida Supreme Court, was called Terri’s Law.” (p. 2).
As if the failed attempts at intervention by Florida politicians were not enough of a cautionary
tale, Congress and President George W. Bush plunged into the fray in early 2005, enacting more
legal matters and changing the case from state courts to the federal judiciary. At last, after many
more arguments and legal issues, Terri Schiavo’s feeding tube was removed, and she died in
hospice care in Pinellas Park, Florida.
Gerald A. Larue, an ordained minister and scholar, was an early and leading advocate for
giving the terminally ill the option to end their own lives. Larue believed that there is no right
way to die, and for that reason, he fought to legalize assisted suicide in the United States. To
many, this case stands out because it contradicts the belief and faith that God decides on all
deaths and it stands against religious views. One of the cases Larue helped develop was one on
death and dying. His goals were to confront his young students with the reality and inevitability
of death. In 2005, a successor to the Hemlock Society called End-of-Life Choices merged with
another group to form Compassion and Choices, a leading advocacy group that has fought for the
passage of right-to-die legislation in several states. When Gerard Larue became ill, his family all
decided it would be fitting to not ventilate him. David Larue, Gerard’s son (2014) wrote “‘We
had the chance to put him on a ventilator, but given that he’s the founding president of the
Hemlock Society, I’d discussed that with him and knew that was not what he wanted to do’”
(Yardley, p. 2). Religious views are a major factor in the decision of this controversy. Gerald
Larue is one of few ministers that believe in euthanasia for the better since many Christians
believe that ending a life is interfering with God’s plan. Although this makes it more difficult to
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legalize euthanasia, the separation of church and state has been a beneficial establishment for the
case.
Why is euthanasia, which may seem logical and fit at times, so slow to expand in the
United States? Part of the explanation lies with the Supreme Court, which in 1997 ruled 9 to 0
that the Constitution does not include a right to suicide. But the court would not have ruled as it
did absent a deeper reality: Many liberal judges seem considerably more uncomfortable with the
idea of physician-assisted suicide than with other causes, from abortion to homosexuality, where
claims about personal autonomy and liberty are at stake. There are good standpoints and
evidence for both sides of the argument. Many believe that euthanasia should be illegal because
in many ways, assisted suicide isn’t suicide. Instead, it can be seen as murder.
TOPICS ON ILLEGAL MATTERS OF EUTHANASIA
A state court in New Mexico in January 2014 reported that terminally ill residents have a
constitutional right to obtain “aid in dying,” a ruling that could make New Mexico the next state
to allow doctors to help with assisted suicide by prescribing fatal medications. Although this was
brought out to court, many judges, church authorities and societies disagreed against it. The case
was brought by two doctors who sought protection against prosecution if they provided fatal
drug prescriptions to a patient. They asserted that a doctor’s help for a competent, terminally ill
patient who wished to hasten death was not covered by a 1960s state law making it a felony to
assist a suicide. In other cases such as the O’Connor case of 1988, O’ Connor believed that
“biological existence is the highest good. Therefore it is only right that the terminally ill be kept
alive until all possible medical technological interventions fail and the person dies” (O’Connor,
1988). There are many reasons why many don’t believe that euthanasia should be legal. One of
them being that life is good, and if one can live then there should be no right in killing them.
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LEGAL CASES REGARDING EUTHANASIA IN THE US
Another argument many make for why euthanasia should be illegal is because the system
is unsafe. Schadenberg (2010) states “There is reliable evidence that safeguards in other
jurisdictions have been abused” (pg. 1). Since euthanasia is a very recently developed system in
America, many physicians have noted that we’re unprepared. According to the Euthanasia
Prevention Coalition, Laws prohibiting euthanasia and assisted suicide are protective and not
discriminatory. Alex Schadenberg, executive director of the Euthanasia Prevention Coalition
believes that human nature has not changed in centuries, and it should not begin now.
CONCLUSION
There are many debates on why euthanasia should or should not be legal in the United
States. Although there have been states that have legalized it, many states are still pending the
big question. Euthanasia should be legal to some because it’s a choice of life, and a better way to
die. Like many have stated, euthanasia is a personal choice, and a patient and their family should
have the right to decide that, just like they can decide for their plan in treatment. Despite there
being good arguments on why it should be legal, many court cases and physicians believe that
euthanasia should be illegal because it’s unnatural and murderous. Aside from those two reasons,
euthanasia can be costly, and unsafe. There have been many court cases from the Maynard
(2012) that supports legalizing euthanasia, to cases on the other side of the ethical spectrum such
as Shiavo’s (2003). Legalizing euthanasia in the United States will be a constant controversy due
to people’s beliefs, morals and experiences and will continue being the highest area of research
in bioethics.
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LEGAL CASES REGARDING EUTHANASIA IN THE US
References
Bnuckols. (2010, November 24). 46% of Doctors Believe in Euthanasia. Retrieved January 24,
2015, from http://lifeethics.org/2010/11/24/46-of-doctors-believe-in-euthanasia/
Cramer, M. (2012, October 22). Euthanasia was the right decision for my wife. Retrieved
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Eckholm, E. (2014, January 13). New Mexico Judge Affirms Right to ‘Aid in Dying’. Retrieved
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Emanuel, E., & Daniels, E. (1996, June 29). Euthanasia and physician-assisted suicide: Attitudes
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Schadenberg, A. (n.d.). PRESS RELEASES. Retrieved December 15, 2014, from
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