Tuesday, June 11, 2024

Can States Constitutionally Ban Assisted Suicide & Euthanasia for Children?

The Texas Supreme Court recently heard arguments concerning the constitutionality of a statute banning gender affirming care for minors. The court considered analogous hypotheticals such as medical aid in dying [previously known as assisted suicide and euthanasia] for children.  

If a parent and physician agreed [that] MAID [medical aid in dying, was] in a child's best interest, could the state ban MAID? 

Probably not. Such a ban would be subject to strict scrutiny. Of course, Texas bans MAID for all patients, so the question is not yet relevant there. But the analysis suggests a potentially successful challenge in one of the 11 MAID states that limit MAID to patients 18 and older. 

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Original text provided by Thaddeus Pope