Montana 3rd state to allow doctor-assisted suicide
Patients and doctors had been waiting for the state's high court to step in after a lower court decided a year ago that constitutional rights to privacy and dignity protect the right to die.
The Montana Supreme Court opinion will now give doctors in the state the freedom to prescribe the necessary drugs to mentally competent, terminally ill patients without fear of being prosecuted, advocates said.
Steve Johnson, a 72-year-old Helena cancer patient, welcomed the decision, saying he has talked with his doctor about ending his life.
"I am very concerned about the intense pain and loss of dignity," the lifelong rancher and veterinarian said at a press conference at the Capitol. "I've accepted my death. I approach the end of my life with a clear mind."
The Supreme Court didn't go as far as District Judge Dorothy McCarter of Helena did last December when she extended constitutional protections to the procedure.
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 — and pointed to laws giving patients rights to make crucial decisions as a justification for legalizing the assistance.
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