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Thursday, October 6, 2011

Hawaii: An Odd Claim of Legality

Barbara Coombs Lee has a new article on Huffington Post, claiming that physician-assisted suicide ("aid in dying") is legal in Hawaii.  This is an odd claim given that bills to legalize assisted suicide in Hawaii have repeatedly failed, most recently this year.[1]

Coombs Lee's article begins with a discussion of melting snow, moves on to a panel of experts, focuses on Montana and then finally discusses the law of Hawaii.[2]  With regard to Hawaii, her arguments are similar to those presented in a brief drafted by Kathryn Tucker.[3]  My prior critique of that brief states in part:

"In Hawaii, bills to enact physician-assisted suicide have repeatedly failed and/or been defeated in the Legislature since at least 2002.[7] This fact alone is sufficient to defeat Tucker's claim that [a 1909] statute has somehow already legalized assisted suicide.  Consider for example, Lawrence v. Lawrence, 105 Wn.App. 683, 687-8, 20 P.3d 972 (2001).  The Washington State Court of Appeals held that the "friendly parent concept" was not the law because bills to enact it had been rejected by the legislature.  In Hawaii, bills to enact physician-assisted suicide have repeatedly failed and/or been rejected in the legislature.  For this reason alone, physician-assisted suicide is not the law of Hawaii."

http://www.choiceillusion.org/2011/09/hawaii-assisted-suicide-is-not-already.html

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1.  On February 7, 2011, SB 803 was defeated in Committee 4 to 0.  See Hawaii Legislative website at http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=803
2.  http://www.huffingtonpost.com/barbara-coombs-lee/hawaii-aid-in-dying_b_995217.html.
3.  Kathryn Tucker, "End-of-life Law and Policy in Hawaii Aid in Dying," as of September 20, 2011, available at http://choiceisanillusion.files.wordpress.com/2011/10/tucker-brief_0011.pdf