A terminally ill Philadelphia resident has filed a groundbreaking lawsuit challenging the constitutionality of laws restricting medical aid in dying (MAID). Gordon Roy Parker, the plaintiff, lodged his complaint on June 3, 2024, in the United States District Court for the Eastern District of Pennsylvania against several high-profile defendants including Governor Joshua David Shapiro and U.S. Attorney General Merrick Garland.
Gordon Roy Parker is seeking declaratory and injunctive relief under various constitutional amendments and federal statutes. The plaintiff argues that prohibiting MAID violates his rights under the First, Thirteenth, and Fourteenth Amendments as well as his constitutional right to privacy. Parker, who suffers from end-stage liver disease with a prognosis of less than six months to live, asserts that current laws force him into "involuntary servitude" by compelling him to endure unbearable suffering against his will.
Parker's lawsuit names several state and federal officials as defendants: Governor Joshua David Shapiro, Acting Secretary of Health Deborah L. Bogen, Pennsylvania Attorney General Michelle Henry, Philadelphia District Attorney Larry Krasner, U.S. Attorney General Merrick Garland, and U.S. Secretary for Health and Human Services Xavier Becerra. According to Parker’s complaint, these officials are responsible for enforcing laws that he claims infringe upon his fundamental human rights.
The plaintiff contends that suicide is a fundamental human right supported by multiple constitutional amendments and international human rights norms. He argues that forcing an individual to continue living without their consent constitutes a violation of the Thirteenth Amendment's prohibition against slavery. "Absent a compelling interest—such as coercion—the government has no right to interfere with my decision," Parker stated in his filing.
Parker further challenges specific statutes such as 18 Pa. C.S. §2505 and the Assisted Suicide Funding Restriction Act of 1997 (42 USC 14401 et seq.), arguing they unconstitutionally restrict access to MAID even in states where it is legal like Vermont. He highlights the logistical nightmares faced by terminally ill patients who must travel out-of-state for MAID services due to restrictive local laws.
In his plea for relief, Parker seeks multiple declarations from the court affirming suicide as a fundamental human right protected by various constitutional provisions. He also requests an injunction preventing state and federal officials from enforcing any laws or regulations that would obstruct his ability to access MAID immediately.
Representing himself pro se, Gordon Roy Parker is urging expedited rulings given his terminal condition and rapidly deteriorating health. The case has been assigned Case ID 2:24-cv-02279-RBS with Judge RBS presiding over the matter.