ACLU opposes prohibition of assisted suicide in a retirement home in Hawaii
ACLU opposes prohibition of assisted suicide in a retirement home in Hawaii
The photo on Thursday, November 1, 2018 shows the Kahala Nui retirement home in Honolulu. The American Civil Liberties Union demanded that a Hawaiian retirement home stop discriminating against non-Catholic residents and allow them to take advantage of the new state law of assisted suicide if they wish. (AP Photo / Audrey McAvoy)
HONOLULU - The American Civil Liberties Union on Thursday demanded that a Hawaiian retirement home stop discriminating against non-Catholic residents and allow them to take advantage of the new state law of assisted suicide if they wish.
The ACLU of Hawaii sent a letter to the executive director of the Kahala Nui house after receiving an anonymous notice that the house had notified residents that they would not be allowed to exercise the provisions of the law, which will take effect in January.
The retirement home told the residents in a note dated May 11, this was because the lease of the land facilities underneath their buildings prohibits the "morally disgusting" activity for the Roman Catholic Church, including euthanasia.
The church owns the land below the buildings, which is located in a tributary neighborhood of Honolulu called Kahala.
Wendy Wong, executive director of Kahala Nui, said in a statement that the house was reviewing the letter with her legal adviser.
"That said, in clear terms, Kahala Nui does not discriminate and has never denied residency because of religion, race, sex, color or any other basis," he said.
The Catholic Church said in a statement that its land lease prohibits Kahala Nui from promoting assisted suicide, but the document specifies that the restriction does not refer to the acts of individual residents.
"This problem is between Kahala Nui and its residents," the statement said.
Mateo Caballero, the legal director of the ACLU of Hawaii, said the house discriminated against non-Catholics and told residents that they should conform to the teachings of the Catholic Church.
"I could not think of a clearer violation of the Fair Housing Act and Hawaii's own anti-discrimination laws," he said.
Caballero said he is not aware of another case in which a retirement home prevented residents from using a suicide law with medical assistance.
Caballero said he wants the house to send another note to residents that rescinds his May 11 memo and inform residents that he was wrong. Caballero said he hopes the ACLU can work with the home on the issue. If not, he said the ACLU would weigh his options, including a possible lawsuit.
Hawaii became the sixth state to legalize medically assisted suicide in April, when Gov. David Ige enacted legislation.
The law allows doctors to comply with requests for prescription drugs from terminally ill patients that allow them to die.
Physician-assisted deaths are already legal in California, Colorado, Oregon, Vermont, Washington and the District of Columbia. Oregon was the first state to adopt such a law in 1997.
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