Lawyers for the Final Exit Network argued before the state Supreme Court on Monday that Georgia's assisted suicide law is "irrational" because it allows someone to assist in a suicide but not to publicly advertise or offer that help.
But Bell-Forsyth Judicial Circuit District Attorney Penny Penn argued that the law was created in 1994 to target "public actors" such as Dr. Jack Kevorkian, who died in June after overseeing the suicides of more than 100 people, or the Final Exit Network, a volunteer organization that helps guide people "who are suffering from intolerable medical circumstances and want to end their lives."
Penn said the law was not set up to punish close friends, family members or clergy who help someone hasten their death.
Four members of the Final Exit Network are accused of helping a 58-year-old Forsyth County man commit suicide after he was diagnosed with cancer. The court has two terms, or about six months, from the time the case is docketed to issue a ruling. That ruling will determine if the defendants stand trial or the case gets dismissed.
Ted Goodwin, Final Exit's former president; anesthesiologist Lawrence Egbert, who co-founded the group; regional coordinator Nichols Alec Sheridan; and group member Clair Blehr are charged with violating the assisted suicide law, racketeering and tampering with evidence.
Prosecutors say John Celmer sought their guidance in using an "exit hood" to commit suicide by asphyxiating on helium gas on June 19, 2008.
Defense attorney Richard Rivas, arguing for all the Final Exit Network defendants, said Goodwin and Blehr were present for support when Celmer committed suicide but did not help him do it. They later disposed of the helium tanks and exit hood.
Rivas said he knew of no other law that allows an activity (in this case, assisted suicide) but prohibits individuals from engaging in public speech about it. He argued that Georgia's assisted suicide law is unconstitutional because it violates the right to free speech.
Penn argued that the state has an interest in protecting vulnerable people who are contemplating suicide from public actors such as the Final Exit Network.
But if the state wants to prevent assisted suicides, it should outlaw them entirely, Rivas countered.
Egbert, who lives in Baltimore and teaches at Johns Hopkins University, said after the hearing that he has assisted in more than 100 suicides through his work with the Final Exit Network and, before that, a similar organization called the Hemlock Society. He believes it is a doctor's duty to help when a patient says life is no longer bearable.
He never met Celmer, but evaluated his medical records and paperwork. He determined Celmer was psychologically sound when he made the decision to end his life.
He said Celmer was a good candidate because he "had a terrible disease, suffered miserably and he wanted it."
Celmer had cancer, but his doctor had told him he was in remission, according to Penn.
Outside the federal courthouse, a small cadre of disability rights activists voiced concerns about the Final Exit Network and legalized assisted suicide.
Becky Ramage Tuttle, who suffers from spina bifida, said some people are too willing to help disabled people end their lives, because they are often viewed as less valuable to society.
Disability rights activist Zan Thornton noted that people sometimes say they'd rather be dead than disabled. She asked rhetorically, "How can they get help with suicide, but not for depression or pain relief?" She said she believes many people who contemplate suicide are suffering from inadequate medical care.
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