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Jewish World Review Dec. 2, 1999 / 23 Kislev, 5760
FOR THE SECOND TIME in less than four years, a debate is taking place in
our nation over the issue of physician-assisted suicide. It is a debate
that has serious moral as well as public policy implications. It is
also, disturbingly, a debate that most of the Jewish community seems to
be ignoring.
As recently as October 17th, the Portland Oregonian newspaper featured a
detailed account of one person’s assisted suicide odyssey from the only
state where this practice has been legalized. The account highlighted
the real world dangers inherent in the legalization of this practice,
especially as relates to those least capable of protecting themselves
from harm. 85 year old Kate Cheney, suffering from inoperable cancer,
petitioned to be assisted in committing suicide. As a result of her
illness, she suffered bouts of dementia and was, therefore, referred by
her doctor to a psychiatrist for evaluation as required by Oregon’s
“Death With Dignity” law. The psychiatrist found Ms. Cheney to be
suffering from short-term memory loss and, more worrisome, wrote that
the Cheney’s daughter was the proponent of the suicide much more than
the Kate herself. Ms. Cheney was thus refused assistance in killing
herself.
Even with this appreciation of our human reality, Jewish Law does not
reduce the mandate that we preserve life, even under the most
challenging conditions. While rabbinic authorities, ancient and modern,
debate whether under limited circumstances medical treatments may be
withheld from a suffering person (thus, no longer delaying an inevitable
death), it is abundantly clear that one may not proactively hasten
death. At the same time, Jewish Law would endorse the aggressive
palliation of pain to a degree not currently practiced in the medical
profession. Rabbinic authorities place such treatment under the rubric
of loving one’s neighbor as one’s self (Leviticus 19:18) and condone
even the use of narcotics to ameliorate a person’s pain.
Judaism values life;
Jews should oppose assisted suicide
By Nathan J. Diament
The “pop” image of physician-assisted suicide is that of Jack Kevorkian
administering a lethal injection to an ailing individual on 60 Minutes.
The image offered by advocates of its legalization is certainly more
sympathetic; it imagines a terminally ill person suffering horrible pain
due to the inadequacy of legal, pain relief medications and that
allowing someone to “die with dignity” is the truest act of love in such
circumstances. Unfortunately, this sympathetic image is as detached
from reality and the kind of society we should champion as is the
first. Moreover, in any of these circumstances, Jewish tradition has
clearly enunciated the infinite value of life and its prohibition for
this active form of euthanasia.
But the story does not end there. Cheney’s daughter took her suffering
mother to a second doctor who referred her to a psychologist, who
determined that the mother was competent to kill herself with
assistance. The final decision on the matter fell to the “ethicist
administrator” for Kate Cheney’s HMO; he approved the lethal
prescription, she took it, and died.
Reflecting upon this report, the Oregonian editorialized that “tales of
some Oregon assisted suicides betray more troubling issues than anything
assisted suicide foes could call up.” The editorial recognized that the
law’s safeguards contain huge loopholes that could never be closed and
underscored the substantial financial interest health insurance
companies have in terminal patients committing suicide rather than
insisting upon receiving costly palliative care. The editorial
concluded realizing that passage of the pending federal legislation
would rescue the state from these moral crises.
We well know that Jewish tradition holds the preservation of human life
as one of its supreme moral values. It takes precedence over virtually
all other moral values to the degree that only the violation of three
cardinal sins (idolatry, adultery and murder) in limited circumstances
can claim precedence over the imperative to preserve life.
Nevertheless, Judaism -- acutely linked to the reality of the human
condition – realizes there are circumstances in which a person might
long for death. The Talmud reports of Rabbi Judah the Prince suffering
great pain from an illness and his righteous maidservant praying for his
death as an end to his suffering. At least one commentator cites this
passage as an approbation of praying for the merciful death for one
suffering in pain from illness.
In 1997, the U.S. Supreme Court was asked to invalidate state laws in
New York and Washington that criminalized physician-assisted suicide and
recognize a constitutionally protected right to obtain such assistance.
The Orthodox Union, along with many other concerned constituencies,
argued before the high court that the Constitution clearly did not speak
to this issue, let alone resolve it in favor of a right to die. The
court prudently ruled as such and recognized that this policy debate
should be resolved in a legislative body, not a court.
America’s national legislature has now acted upon the court’s holding.
Two weeks ago, the House of Representatives took up this critical
issue and voted 271 to 156 in favor of the Pain Relief Promotion Act of
1999. This measure does two important things thoroughly consistent with
the Jewish values outlined above. First, it promotes the aggressive
treatment of pain by offering doctors a “safe harbor” for prescribing
controlled substances to reduce pain, even if the use of these otherwise
illegal drugs results – unintentionally – in the patient’s death.
Second, the bill largely overrules an Oregon law legalizing
physician-assisted suicide in that state. The legislation now awaits
action in the U.S. Senate where its chief proponents are Don Nickles
(R-OK) and Joe Lieberman (D-CT).
The bill has been endorsed by many groups including the American Medical
Association, National Conference of Catholic Bishops as well as former
Surgeon General C. Everett Koop. To date, the Orthodox Union has served
as the sole Jewish voice in this coalition; a puzzling fact considering
the clear moral and societal import of this issue as well as the clear
message of the Jewish tradition on it as well.
We hope the broader
Jewish community will join with us in an effort to promote the
fundamental value of the sanctity of human life we have long
professed.
Nathan J. Diament is director of the Institute for Public Affairs of the
Union of Orthodox Jewish Congregations of America.
He may be reached by clicking here.
