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Right to Life
Compassion in Dying v State of Washington, Ninth Circuit
79 F 3d 790
Facts:
1. The court is asked to rule as a matter of first impression on the
constitutionality of the State of Washington’s criminal
prohibition against physician-assisted suicide.
2. Plaintiffs challenge the statue only insofar as it bans physician-
assisted suicide by mentally competent, terminally ill adults who
knowingly and voluntarily choose to hasten their death. The
plaintiffs are a coalition of three terminally ill patients, five
physicians who treat terminally ill patients and Compassion in
Dying, an organization which provides support, counselling and
assistance to mentally competent, terminally ill adults
considering suicide.
3. Washington has no law prohibiting suicide or attempted suicide.
However, Washington bans aiding or causing the suicide of
another. Whereas, a person is guilty of promoting a suicide
attempt when he knowingly causes or aids another person to
attempt suicide (1459 RCW 9 A.36.060).
Issues:
1. Whether or not individuals have a constitutionally protected
right to be free from undue governmental intrusion on their
decision to hasten death and avoid prolonged suffering.
Ruling:
1. The U.S Court of Appeals, Ninth Circuit reversed a district court
decision that had declared unconstitutional a Washington state
Human Rights Law | Atty. Kim Dayag | 1st Semester A.Y. ’19 - ‘20
statute making it a felony knowingly to cause or aid another
person to attempt suicide. The court had invalidated the statute
on the basis that it violated the plaintiff’s Fourteenth
Amendment liberty and equal protection rights. The court also
found that no constitutional distinction could be made between
the competent terminally ill who could elect to end their lives by
having life support discontinued and the terminally ill seeking
physician assistance to commit suicide.
The Court of Appeals held that (a) The statute did not deprive
persons seeking physician-assisted suicide of constitutional
protected liberty interest and that facial invalidation of the
statute was unwarranted; (b) The RCW 9A 36.060 is
unconstitutional because it places an undue burden on the
exercise of protected Fourteenth Amendment liberty interest by
terminally ill, mentally competent adults acting knowingly and
voluntarily, without undue influence from third parties, who
wish to commit physician-assisted suicide; and (c) The RCW 9A
36.060 is unconstitutional because it violates the right to equal
protection under Fourteenth Amendment by prohibiting
physician-assisted suicide while permitting the refusal or
withdrawal of life support systems for terminally ill individuals.