Ballot Measures

"Respect the Will of the People"
This page outlines the development, campaign and success of the two state ballot measures behind Oregon's Death with Dignity Act. Oregon is one of 24 states that have the initiative and referendum process.

Learn more about Oregon's initiative and referendum process.

Visit the Initiative and Referendum Institute

Oregon Ballot Measure 16 (1994)
(From Wikipedia): Measure 16 of 1994 established Oregon's Death with Dignity Act, which legalizes physician-assisted suicide with certain restrictions, making Oregon the first U.S. state and one of the first jurisdictions in the world to officially do so. The measure was approved in the 8 November 1994 general election in a tight race. The final tally showed 627,980 votes (51.3%) in favor, and 596,018 votes (48.7%) against.

The Law
Under the law, a capable adult Oregon resident who has been diagnosed with a terminal illness by a physician may request in writing, from his or her physician, a prescription for a lethal dose of medication for the purpose of ending the patient's life. The request must be confirmed by two witnesses, one of whom cannot be related to the patient, be entitled to any portion of the patient's estate, be the patient's physician, or be an employee of a health care facility caring for the patient. After the request is made, another physician must examine the patient's medical records and confirm the diagnosis. The patient must be determined to not suffer from a mental condition impairing judgment. If the request is authorized, the patient must wait at least fifteen days and make a second oral request before the prescription may be written. The patient has a right to rescind the request at any time.

The law protects doctors from liability for participating in assisted suicide. Furthermore, no doctor is required to participate. Also, the law specifies that a patient's decision to end his or her life shall not "have an effect upon a life, health, or accident insurance or annuity policy."

Controversy and Aftermath
Measure 16 is regarded as one of the most controversial ballot measures in Oregon's history. In addition to the standard arguments, opponents also feared that terminally ill people throughout the nation would flock to Oregon to take advantage of the law, a fear that proved to be ungrounded.

Despite the measure's passage, implementation was tied up in the courts for several years. The Oregon Legislative Assembly also tried to repeal the law, sending Measure 51 to the people in 1997 (see below); the measure failed by a larger margin (60%) than the margin by which Measure 16 passed. Some members of Congress tried to block implementation of Measure 16, but failed.

In 2003, a federal judge blocked a move by U.S. Attorney General John Ashcroft to suspend the license for prescribing drugs covered in the Controlled Substances Act of doctors who prescribed life-ending medications under the Oregon law. The Ninth Circuit Court of Appeals affirmed the block, stating that the "Attorney General lacked Congress' requisite authorization". F.9a 9913 (2004).

In October, 2005, the U.S. Supreme Court heard arguments in the case of Gonzales v. Oregon which will determine the fate of the Death with Dignity law. Arguing on behalf of the state was Oregon Senior Assistant Attorney General Robert Atkinson. U.S. Solicitor General Paul Clement argued on behalf of the Bush administration, which is challenging Oregon's right to regulate the practice of medicine when that practice entails prescribing federally banned substances. The issue, which will be decided by the end of 2005, is whether federal drug laws trump state laws regulating physicians.

Read the Oregon statute

Oregon Ballot Measure 51 (1997)
(From Wikipedia): Measure 51 of 1997 would have repealed Oregon's Death with Dignity Act (also known as Measure 16), which legalized doctor-assisted euthanasia. It was sent to the ballot by the Oregon Legislative Assembly. The measure was defeated in the 4 November 1997 special election with 445,830 votes in favor, and 666,275 votes against.

The three years after Oregonians passed the Death with Dignity Act were marked with controversy. Opponents of the Death with Dignity Act, seeking to repeal the law, got the legislature to refer Measure 51 to the voters, hoping that the voters would have changed their mind in the intervening years.

The debate over Measure 51 found a re-hashing of the standard arguments about assisted suicide. Proponents of Measure 51 also argued that the Death with Dignity Law suffered from several flaws, including a lack of a mandatory counseling provision, a family notification provision, strong reporting requirements, or a strong residency requirement. Measure 51 opponents argued that sending the measure back to voters was disrespectful considering they had already passed Measure 16 via the initiative process. They also felt that the safeguards in the Death with Dignity Act were adequate.

Read the full language of Oregon Ballot Measure 51, from the Oregon Voter's Guide, including arguments for and against