Oregon has ended its residency requirement for the state’s physician-assisted suicide law, known as the Death with Dignity Act, as a result of a pending lawsuit challenging the constitutionality of its residency requirement. Previously, you must have been a citizen of Oregon in order to avail yourself of Oregon’s Death with Dignity Law.
The lawsuit, filed in October 2022 on behalf of Dr. Nicholas Gideonse, a Portland, Oregon physician, contended that restricting the right to die by state lines violated Oregon’s Death with Dignity Act and the U.S. Constitution. Gideonse was working with the nonprofit organization Compassion & Choices, which advocates for end-of-life care, and sued the state’s governor, attorney general, Multnomah County’s district attorney, and state health officials.
In Oregon, like New Jersey, in order for a patient to participate in physician-assisted death, they must be at least 18 years old, be capable of making decisions on their own, and have been diagnosed with a terminal illness that will lead to death within six months. There are several other requirements for patients and doctors in order to proceed with the process.
Oregon’s decision may have important implications for other states, including New Jersey, which have similar residency requirements. A similar law in New Jersey is referred to as the “Medical Aid in Dying for the Terminally Ill Act.” As of now, someone living in South Philly, 1.5 miles from New Jersey, cannot use New Jersey’s Death with Dignity law to end their life.
This may change in the future in light of Oregon’s decision.
