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| Senator Glimm |
By Alex Schadenberg
Montanans have a confusing legal situation concerning assisted suicide.
In 2009, [Montana's] Baxter court decision declared that Montanans have a right to assisted suicide. The Baxter decision was appealed to the Montana Supreme Court where it was decided that there is not a right to assisted suicide in Montana[.] ... [The Baxter court also] found a "defense of consent" meaning a Montana physician who assists a suicide must prove that there was consent [to death by the person who died.]
Senate Bill 136 legislatively declares that there is no defense of consent. ...