Why Should Physician-Assisted Suicide Be Legal?

The case for legalizing physician-assisted suicide rests on several reinforcing arguments: personal autonomy over end-of-life decisions, the relief of irremediable suffering, strong public support, and decades of safety data from jurisdictions where the practice is already legal. Two in three Americans believe doctors should be allowed to help terminally ill patients end their lives, according to an August 2024 Gallup poll. Yet the practice remains legal in only eleven U.S. states and a handful of countries worldwide.

Autonomy Over One’s Own Death

The most foundational argument for legalization is that people have the right to decide when and how they die. This isn’t an abstract philosophical claim. In a landmark 2020 ruling, the German Federal Constitutional Court declared a “right to a self-determined death,” finding that the decision to end one’s own life and the reasons behind it are deeply personal. The court held that decisions based on an individual’s own definition of quality of life and meaningful existence must be respected as acts of personal self-determination. Objective judgments of someone’s subjective reasons for choosing death, the court concluded, are impermissible.

Data from Oregon, which has had a legal aid-in-dying framework since 1997, illustrates what this looks like in practice. Among the nearly 2,850 patients who used the law through 2023, the top reason was not pain. It was loss of autonomy, cited by 92% of patients. The second most common concern was decreasing ability to participate in activities that made life enjoyable (88%), followed by loss of dignity (64%). Inadequate pain control was reported by only about 34% of patients. People choosing this option are, overwhelmingly, trying to maintain control over the final chapter of their lives rather than simply escaping physical suffering.

Relief of Irremediable Suffering

While autonomy drives most requests, suffering remains a core ethical justification. In many jurisdictions that permit assisted dying, irremediable suffering from a medical condition is a legal requirement for access. The ethical reasoning is straightforward: when a person is terminally ill, when their suffering cannot be adequately relieved by available treatments, and when they have clearly and repeatedly expressed a wish to die, forcing them to endure that suffering serves no one’s interest.

Cancer treatments like surgery, radiation, and chemotherapy can be extraordinarily burdensome. Patients facing these treatment regimens, along with the disease itself, are often the ones who find conversations about aid in dying most relevant. But suffering isn’t limited to cancer. Patients with neurological diseases, heart failure, and chronic lung disease can face equally difficult final months, and advocates argue these patients deserve the same access to end-of-life options.

Built-In Safeguards Against Abuse

A common objection is that legalization will lead to coercion or misuse, particularly among vulnerable populations. The legal frameworks in place address this directly through multiple layers of protection. In U.S. states where the practice is legal, a patient must be an adult, a state resident, diagnosed with a terminal condition expected to cause death within six months, and possess the mental capacity to make major medical decisions. The process requires multiple requests over a waiting period, with at least two physicians confirming the diagnosis and prognosis.

Mental health screening is a key part of these protections. If either physician suspects that a psychiatric condition is impairing the patient’s judgment, a referral for psychological or psychiatric evaluation is required. Importantly, having a mental health diagnosis does not automatically disqualify someone. The standard focuses on whether the person can understand the nature and consequences of the decision, weigh its risks and alternatives, and communicate a choice. Depression is specifically flagged because it can narrow a person’s problem-solving and reduce their ability to consider alternatives, but the presence of depression alone is not grounds for denial if the patient’s decision-making capacity remains intact.

Critics sometimes point to the Netherlands as evidence of a “slippery slope,” noting that eligibility there has expanded over time from the terminally ill to include chronic illness and psychological suffering. But this expansion happened through deliberate legislative and judicial processes, not through unchecked drift. Each jurisdiction designs its own boundaries. The U.S. model, with its six-month terminal prognosis requirement, is far more restrictive than European frameworks, and it has maintained those boundaries for over 25 years.

Where It Is Already Legal

Physician-assisted suicide is legally practiced in Switzerland, Austria, and eleven U.S. jurisdictions. Euthanasia, where a physician directly administers a lethal substance rather than prescribing one for the patient to take, is legal in twelve jurisdictions including the Netherlands, Belgium, Canada, Colombia, New Zealand, Spain, Luxembourg, and five Australian states. In Italy and Germany, courts have struck down laws criminalizing assisted suicide, though implementation varies. In November 2024, British lawmakers advanced a bill to legalize assisted dying in England and Wales, which would make it one of the latest countries to join this growing list.

The breadth of this legal landscape matters because it provides decades of real-world evidence. Medical aid in dying accounts for less than 1% of deaths in the U.S. jurisdictions where it’s legal. This is not a practice that replaces other end-of-life care. It exists alongside hospice and palliative medicine as one option among many.

The Relationship With Palliative Care

One concern raised by opponents, including the American Medical Association, is that legalizing assisted suicide could undermine efforts to improve palliative care. The AMA’s official position holds that physician-assisted suicide is “fundamentally inconsistent with the physician’s professional role” and that requests for it should signal that a patient’s needs are unmet. The AMA argues that more aggressive comfort care, better pain management education, and stronger hospice access can address much of the suffering that leads patients to consider assisted dying.

Proponents counter that these goals are not in conflict. Oregon’s data shows that the vast majority of patients who use aid-in-dying laws are already enrolled in hospice. The practice tends to coexist with palliative care rather than replace it. Researchers studying 23 years of U.S. aid-in-dying data have actually called for better integration of both palliative care and aid-in-dying conversations into non-cancer settings, arguing that patients with other terminal diagnoses face barriers to accessing both.

The practical reality is that palliative care, as effective as it has become, cannot eliminate all suffering. Some symptoms resist treatment. Some patients find the progressive loss of independence and bodily function intolerable regardless of how well their pain is managed. For these individuals, the option of a peaceful, self-directed death provides something that even excellent hospice care cannot: a sense of control over the final experience of their lives.

Strong and Growing Public Support

Public opinion has shifted decisively in favor of legalization. The 2024 Gallup poll found that 66% of Americans support allowing doctors to help terminally ill patients end their lives. This level of support has remained broadly stable for years, cutting across political and demographic lines. Legislative momentum reflects this shift: multiple U.S. states have passed aid-in-dying laws in recent years, and international expansion continues.

The gap between public opinion and legal access is, in many states and countries, the core tension. Millions of people live in jurisdictions where they would qualify for and desire this option but cannot legally access it. For advocates, this gap represents an unnecessary imposition of suffering on people who have clearly, competently, and repeatedly asked for the right to choose the timing and manner of their own death.