Citizens in the state of Oregon approved Ballot Measure 16 during the 1994-NOV elections.
It would have legalized euthanasia under limited conditions. 1
Under the Death With Dignity law, a person who sought physician-assisted suicide
would have to meet certain criteria. The person:
must be terminally ill.
must have 6 months or less to live.
must make two oral requests for assistance in dying.
must make one written request for assistance.
must convince two physicians that she/he is sincere, is not acting on a whim, and that
the decision is voluntary.
must not have been influenced by depression.
must be informed of "the feasible alternatives, including, but not limited to,
comfort care, hospice care and pain control."
must wait for 15 days.
If the individual met all of these requirements, then they would have been
able to obtain a prescription of a
barbiturate that would be sufficient to cause death. The ultimate decision to
take the medication would be left up to the individual. Mercy killings by a family member or
friend would not be allowed. Assisted suicides of the type performed by Dr. Jack Kevorkian
would not be permitted. Physicians would be prohibited from inducing death by
any other method, including injection or
Various informal polls in Oregon had consistently shown that most people are in favor
of such a law. Most physicians were as well.2
The National Right to Life Committee, supported by the Roman Catholic church,
obtained a court injunction to delay implementation of the measure. The law became stalled
in the appeals process. In the meantime, the measure was not enacted. The Oregon
Medical Association originally took no stand on the matter but later came
out against it because of what it considers legal flaws.
1997 - The second referendum was approved:
Conservatives within the Oregon government forced approval in early
1997-JUN of a second public referendum. It was a mail-in ballot procedure,
held from 1997-OCT-15 to NOV-4. A poll indicated that this second referendum was
supported by about 61% of adults in Oregon.
Both sides in the debate had planned to invest 10 million dollars in advertising prior
to the referendum. The Roman Catholic church and other conservative religious groups
financed the campaign against access to assisted suicide. They have remained in the
background, preferring to funnel their funds through Physicians for Compassionate Care
(a group of over 1000 doctors). By early October, they had received 3.8 million
dollars in contributions. They were able to finance paid co-coordinators, lawn signs,
billboards, frequent media ads and pamphlets. Other groups opposed to assisted suicide
were: Yes on 51 Committee, Oregon State Council of Senior Citizens, Oregon Catholic
Conference, Oregon Citizens Alliance - Families for 51PAC, and Oregon Right to
Life Issues PAC. Some groups promoting access to assisted suicide were: Oregon
Right to Die, and Oregon Death With Dignity Legal Defense and Education Center. Most
doctors and most psychiatrists in Oregon favored the law.
One concern in Oregon relates to the sole suicide method that the measure would allow. Death
by injection would not be permitted. Medication intended to cause death can only be given
orally. This is considered by many to be a fatal flaw in the bill. Oral medication is
sometimes not effective because some patients vomit up the pills before they can take full
effect. Others are unable to swallow pills because of their physical condition. The result
may be a coma or a lingering death in intractable pain. At the same time, many physicians find it difficult to
abandon the use of pills and directly inject a poisonous substance. Derek Humphry,
co-founder of the Hemlock Society wrote that the Oregon law "could be
disastrous" because it did not permit lethal injections. He referred to a study
in the Netherlands that showed that pills often failed. "The only two 100% ways of
accelerated dying are the lethal injection of barbiturates and curare or donning a plastic
An unidentified lawyer said: "It's becoming the abortion issue of the next
century and just as nasty...Yet it is even more important because how we die concerns
absolutely everyone." There is a strong element of truth in this statement. Even
though a minuscule percentage of people would ever request assistance in dying, many
(perhaps most) people will be comforted by knowing that assistance is available if one
asks for it. Meanwhile, many others are concerned that people would be given the
choice to end their life -- a matter that they believe should be determined only
The groups promoting access to assisted suicide had received contributions of only
$800,000 and were about $300,000 in debt by the time of the referendum. Their campaign was
run by volunteers. Both sides accused each other of "lying, distorting research,
misrepresenting information and running campaigns based on fear and deception...Some
advertisements have been so outlandish that media outlets have refused to run them."
The vote was about 60% in favor of access to physician assisted
Response was predictable:
The Associated Press reported, incorrectly, on 1997-NOV-4 that if the law were upheld, then the
debate over assisted suicide in Oregon would be settled.
Barbara Coombs Lee, the main sponsor of the 1994 law said: "The people of
Oregon have spoken twice now at the ballot box."
Bob Castagna, spokesperson of
the Oregon Catholic Conference commented "This is a tragic day for
Oregon, the nation and the world."
Gayle Atteberry, executive director of Oregon
Right to Life said that the law is a "blot" on the state: "Oregon
will become known as the death capital of the United States....We'll never give
up protection of innocent life."
Penny Schleuter, a 56-year-old Oregon woman with ovarian cancer commented: "It's
important to have the option. Terminally ill people will find comfort from the fact
knowing that it's there."
Janice Elsner, another terminally ill woman called
assisted suicide a "Pandora's box" that eventually could lead to mercy
killings. "If we're willing to kill terminally ill people, we won't just stick to
that one corner of society that we want to put it in."
In a surprising development, an employee of the state attorney general's office said on
1997-NOV-4 that the law had cleared all of the court appeals on October 27, and was actually
Within 24 hours of the announcement of the results, state officials started to prepare
forms for physicians to record instances of assisted suicide. These were later distributed
to all physicians in the state. The "Request for Medication to End my Life in a
Humane and Dignified Manner" form requires two doctors to record:
The patient's medical diagnosis.
The date of the first request for suicide assistance.
An assessment that the patient is capable, fully informed, and acting voluntarily.
That the patient is aware of risks associated with the medication.
That the patient has been informed of alternatives, such as hospice and pain management.
That the patient is informed that they can withdraw their request at any time.
Rules and regulations were already available; they had been drafted a few years ago,
when the law was originally approved. Professional organizations of physicians,
pharmacists and psychiatrists also prepared procedures to govern their members'
1997 - The first opposition from the Federal Government:
Immediately after the law was affirmed, Thomas Constantine (R), the administrator of the
federal Drug Enforcement Administration (DEA) issued a policy statement.
4 He stated that prescribing drugs to help their terminally ill patients
kill themselves would be in violation of the Controlled Substances Act. It "was
not a legitimate medical use under the federal drug laws... [He] warned that the
government would impose severe sanctions on any doctor who writes a prescription for
lethal doses of medicine for a patient." Their prescription-writing authority
could be canceled.
This statement was written at the request of Republican Senator Orrin
Hatch (R) and Representative Henry Hyde (R). It is ironic that conservative Republicans
such as Hatch and Hyde are normally in favor of states' rights and against federal
interference in local affairs. But their moral concerns at allowing people to ask for help in
committing suicide outweighed their political philosophy.
Dr. Charles Hofmann, president
of the Oregon Medical Association stated:"The only official
word we have is that physicians who prescribe barbiturates for assisted suicide could face
sanctions. Our recommendation would be to not become involved until this is settled."
Oregon Senator Ron Wyden, himself an opponent of assisted suicide, and Oregon Governor
John Kitzhaber attempted to convince the Justice Department that any such sanctions
against physicians would be a misreading of the control substances law. Robert Applegate,
a spokesperson for the governor said: "We think that what happened is that the
DEA was pushed out on a limb by a couple of powerful conservatives."