Topic > Moral and Legal Lessons from Washington v. Glucksberg

Washington v. Glucksberg is a legal/medical case involving end-of-life issues. Some questions that emerged were autonomy, dignity, legality, privacy, personal rights versus constitutional rights, morality, and theology. It concerns what is moral but not necessarily what is morality in a legal or constitutional sense. Smith (2008), argues in the Michigan Law Review, that there are no clear instructions on the relationship between law and morality in Washington v. Glucksberg or Vacco v. Quill (Glucksberg-Quill), coming from the Supreme Court (p. 1574). If the Supreme Court cannot distinguish between what is legal and what is moral for society, then who will be up to the task? Does it depend on the healthcare professionals, the family or the patient? Who has the obligation to assert moral courage in end-of-life matters? Don't patients have the right to die without interference from state and federal governments, doctors and families? The right to die with dignity is an ethical question of the person and the institutions. The following examines the difference between legal and moral issues regarding the debate in Literature Review Gengo (2011), notes the United States Congress which passed the Patient Self Determination Act (PSDA) in 1990. This law guarantees (1) patients the right to accept or refuse treatment; (2) the opportunity to write advance directives that allow patients to declare in advance the type of medical care they consider acceptable or unacceptable; (3) does not discriminate; and (4) educates staff and community about advance directives. This act sets out a legal definition of patients' rights. It also explains informed consent with risks and benefits, consent, necessary documentation, surrogate decision... half of the document... and Company. Retrieved from: http://www.gutenberg.org/files/11224/11224-h/11224-h.htm#CHAPTER_IINatural Death Act. Washington Rev. Code § 70.122.070(1). Washington State Legislature (1979). Retrieved from http://apps.leg.wa.gov/rcw/default.aspx?cite=70.122&full=truePereira, J. (2011). Legalizing euthanasia or assisted suicide: the illusion of protections and controls. Current Oncology, 18(2), 38-45. Retrieved from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3070710/?tool=pmcentrez&report=abstractPromoting a Suicide Attempt. Washington Rev. Code § 9A.36.060(1). Washington State Legislature (1994). Retrieved from http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.36.060Smith, S. D. (2008). Demoralized: Glucksberg in malaise. Michigan Law Review, 106, 1571-1592. Retrieved from: http://www.lexisnexis.com.ezproxy2.library.drexel.edu/hottopics/lnacademic/?