Montana Supreme Court says state law allows physician-assisted suicide

By Matt Gouras, AP
Thursday, December 31, 2009

Court: Mont. law allows doctor-assisted suicide

HELENA, Mont. — The Montana Supreme Court says nothing in state law prevents patients from seeking physician-assisted suicide, paving the way for the procedure.

A year ago, a state District Court judge ruled that the state’s constitutional rights to privacy and dignity protect the right of terminally ill Montanans to get the drugs needed to die peacefully.

But advocates have said a decision from the state Supreme Court was needed before physician-assisted suicide would be embraced by the medical community.

The Supreme Court decided not to determine whether the Montana Constitution guarantees the right. Instead, it said nothing in state law or the court’s precedent indicated it was against public policy.

Oregon and Washington state allow assisted suicides.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

HELENA, Mont. (AP) — The Montana Supreme Court said Thursday that nothing in state law prevents patients from seeking physician-assisted suicide, paving the way for the procedure.

A year ago, a state District Court judge ruled that the state’s constitutional rights to privacy and dignity protect the right of terminally ill Montanans to get the drugs needed to die peacefully.

But advocates have said a decision from the state Supreme Court was needed before physician-assisted suicide would be embraced by the medical community.

The Supreme Court disagreed that the Montana Constitution guarantees the right. But it said in an opinion Thursday that “we find nothing in Montana Supreme Court precedent or Montana statutes indicating that physician aid in dying is against public policy.”

Oregon and Washington state allow assisted suicides for terminally ill patients. Oregon adopted the nation’s first “death with dignity” law in 1997.

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