Gay ‘marriage’ decision used to argue for suicide in Tennessee
A cancer victim who sued the state of Tennessee for the
"right" to have doctors kill him says the U.S. Supreme Court's
decision constitutionalizing homosexual "marriage" expands individual
rights so as to legalize assisted suicide.
Former
Democratic gubernatorial candidate John Jay Hooker, who is terminally ill,
wants to be put to death. A Tennessee judge said no. Hooker's lawyer argued
that since Obergefell v Hodges was decided, that's
unconstitutional.
Hooker,
84, went to court in Nashville to win the "right" to die by assisted
suicide. Three doctors said they were willing to prescribe a deadly dosage of
painkillers for him, but they wanted to be sure they wouldn't be put in jail
for killing him.
Hooker's
attorney, Hal Hardin, sought to prove that since the U.S. Supreme Court
constitutionally expanded the definition of a fundamental right to include gay
"marriage," the right to privacy is constitutionally expanded as
well, giving his client the legal right to end his life.
Referencing
the Supreme Court's June 26 decision, Hardin said, "The Constitution is an
ever-evolving, growing creature. That's the way our forefathers intended it to
be."
Steven
Hart of the Tennessee Attorney General's Office reasoned that the U.S. Supreme
Court ruled in 1996 that assisted suicide is not a constitutional right.
"This is a matter for the General Assembly to consider and debate and not
for the court to decide," Hart said.
On
Tuesday, Chancellor Carol McCoy ruled that knowingly giving a patient a fatal
dose of drugs would be "criminal conduct." "To provide
palliative care to relieve physical pain and discomfort ... is allowed,"
McCoy ruled. "If the physicians intend to provide lethal drugs to end
their patients' lives, they engage in criminal conduct."
As in most
states, Tennessee law allows adult patients to refuse care, and all states allow "advance directives" about end-of-life
(EOL) decisions when a patient is incapacitated. In 1990, the U.S.
Supreme Court decreed that the due process clause of the Constitution gives
competent adults an interest in refusing unwanted medical treatment. But
Tennessee, like 45 other states, does not legalize suicide or assisted
suicide. Oregon, Montana, Washington, and Vermont have laws allowing what
some people call "mercy killing."
While
McCoy was deliberating his case, Hooker told The Tennessean he was "hopeful" that the
judge would allow him to be killed, because "this is just so morally
right."
In the
courtroom was Emily Hoskins, an employee of the Center for Independent Living
of Middle Tennessee, which advocates for the disabled. Hoskins told The
Tennessean her organization is "concerned people
will be coerced into
making decisions that aren't their own or were made for the wrong reason."
"It
is a sad day for the rule of law," Hooker said in response to McCoy's
ruling refusing to allow doctors to kill their patients. "The fact is,
that's an error." He said he plans to appeal.
Before
suing the state to be killed, Hooker tried to convince the Tennessee General
Assembly to pass a law allowing doctors to prescribe fatal drugs when
requested. His unrelenting efforts continued last week, when he presented his
case to the Davidson County Grand Jury, which "overwhelmingly"
agreed. Its report is being sent to the Tennessee legislature.
