Massachusetts Death with Dignity Initiative

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Voting results by municipality. Voters in rural Berkshire, Franklin and Hampshire counties strongly supported the measure, while voters in several large cities like Brockton, Fall River, Holyoke, Lawrence and Springfield opposed it by over 60%. The measure narrowly failed. Physician-assisted suicide (Question 2) Massachusetts 2012 ballot measure voting results by municipality.svg
Voting results by municipality. Voters in rural Berkshire, Franklin and Hampshire counties strongly supported the measure, while voters in several large cities like Brockton, Fall River, Holyoke, Lawrence and Springfield opposed it by over 60%. The measure narrowly failed.

The Massachusetts "Death with Dignity" Initiative, also known as Question 2, appeared on the November 6, 2012 general election ballot in the state of Massachusetts as an indirect initiated state statute to allow physician-assisted suicide. The measure was filed with the Massachusetts Attorney General and would establish, according to those who filed the measure, an "Act Relative to Death with Dignity". The petition number for the initiative was 11-12, and was filed by Michael Clarke as "An Initiative Petition for an Act Relative to Death with Dignity". [1]

Contents

The proposal was to allow terminally ill patients to be given lethal drugs. A terminally ill patient would be defined as a patient being given six months or fewer to live. The patient requesting the medication must be mentally capable to make medical decisions while consulting their respective doctors. Patients would be required to submit their request orally twice and witnessed in writing, and the initial verbal request must be fifteen days prior to the written request and second oral request. The patient's terminal diagnosis and capability to make health care decisions must be confirmed by a second doctor. [2]

The proposed measure, according to the text, requires substantial compliance with these and other requirements. The text states: "A person who substantially complies in good faith with provisions of this chapter shall be deemed to be in compliance with this chapter." [2]

The proposed act also allows blood relatives to participate in assisting the patient to sign up for the lethal dose, providing that one of the required witnesses on the lethal dose request form not be a patient’s relative by blood, marriage or adoption. [2] Supporters argue that the measure would give terminally ill patients dignity and control over their deaths, and would alleviate suffering. Opponents argue that the measure is morally wrong, and that beneficiaries of terminally ill patients could abuse the provisions presented by the proposal.

Voters blocked the measure by a thin margin in the November 6, 2012 general election, with 49% of voters for and 51% against. [3]

Text of the measure

Ballot language

The ballot language of the measure reads as follows: [4]

A YES VOTE would enact the proposed law allowing a physician licensed in Massachusetts to prescribe medication, at the request of a terminally-ill patient meeting certain conditions, to end that person’s life.A NO VOTE would make no change in existing laws.

Support

Supporters

Arguments

The following is information obtained from the supporting side of the initiative.

Opposition

Opponents

Arguments

The following is information obtained from the opposing side of the initiative:

Returned donation

The Committee Against Physician Assisted Suicide returned a $250,000 donation from a conservative Mississippi-based organization with anti-gay views in order to "keep the focus on the ballot question". The American Family Association was the largest single donor to the Committee Against Physician Assisted Suicide with the remainder coming mainly from religious organizations. [24]

Polls

Lawsuit

John Kelly et al vs. Martha Coakley

On May 17, 2012, over 60 Massachusetts voters including members of the disability rights group Second Thoughts filed a challenge before the Supreme Judicial Court against the measure, challenging the wording to the measure. On June 4, 2012, the claim was denied by Justice Cordy. [28]

According to John Kelly, director of the Second Thoughts group, and who is listed in the title of the lawsuit, "The ballot language is clearly misleading. We want the voters of Massachusetts to know exactly what they are voting on this November." The petition asks the Supreme Judicial Court to remand the language to Massachusetts Attorney General Martha Coakley and Secretary of State William Galvin with the requirement that they amend the language for clarity and accuracy. [29]

The case docket can be read here. [30]

Related Research Articles

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Death with Dignity National Center

Death with Dignity National Center is a 501(c)(3) nonpartisan nonprofit organization, headquartered in Portland, Oregon, that has led the legal defense of and education about Death with Dignity laws throughout the United States for more than 25 years. The Death with Dignity National Center helped write and defend in courts the nation's first successful assisted dying law, the Oregon Death with Dignity Act, protecting the right of persons with terminal illness to control their own death. The Death with Dignity National Center is affiliated with the Death with Dignity Political Fund, a distinct and separately incorporated 501(c)(4) organization responsible for the promotion of death with dignity legislation in other states around the U.S.

2012 Massachusetts ballot measures

Three citizen-initiated measures were voted upon in the 2012 Massachusetts general election: a Right to Repair initiative, a proposal to allow physician-assisted suicide, and a measure to legalize medical marijuana. The Right to Repair initiative, which was to require open access to vehicle diagnostic and repair information, passed overwhelmingly, with 86% support. The measure to allow physician-assisted suicide failed by a narrow margin, with 51% opposed. The proposal to legalize medical marijuana passed with 63% of voter support.

Massachusetts Right to Repair Initiative (2012)

The Massachusetts "Right to Repair" Initiative (2012), also known as Question 1, appeared on the Massachusetts 2012 general election ballot as an initiated state statute. The Right to Repair proposal was to require vehicle owners and independent repair facilities in Massachusetts to have access to the same vehicle diagnostic and repair information made available to the manufacturers' Massachusetts dealers and authorized repair facilities. The initiative passed with overwhelming voter support on November 6, 2012, with 86% for and 14% against. The measure, originally filed four times with the Massachusetts Attorney General, was filed by Arthur W. Kinsman, and was assigned initiative numbers 11-17.

Massachusetts Medical Marijuana Initiative

The Massachusetts Medical Marijuana Initiative, appeared as the third question on the state's 2012 ballot as an indirect initiated state statute. The measure allows cannabis to be used for medical purposes in the state. The initiative—backed by the American Civil Liberties Union, the Massachusetts Patient Advocacy Alliance, and the Committee for Compassionate Medicine—was filed with proponents turning in the required signatures to the Massachusetts Attorney General's office by the August 3, 2011 deadline. Those signatures were needed for the required ten qualified voters who submitted the original petition to put forward the full text of the law they want enacted. The initiative passed with support from 63% of state voters.

Act 39 of 2013 established the U.S. state of Vermont's Patient Choice and Control at End of Life Act, which legalizes medical aid in dying with certain restrictions. Vermont was the first state to enact this Law through legislative action; it permits some terminally ill patients to determine the time of their own death.

California End of Life Option Act is a law enacted in June 2016 which allows terminally ill adults resident in the state of California to access medical aid in dying by self-administering lethal drugs, provided specific circumstances are met. The law was signed in by California governor Jerry Brown in October 2015, making California the fifth state to allow physicians to prescribe drugs to end the life of a terminally ill patient, often referred to as physician-assisted suicide.

2018 Massachusetts ballot measures

Three ballot measures were certified for the November 6, 2018, general election in the state of Massachusetts.

2020 Massachusetts ballot measures Questions on the 2020 ballot in Massachusetts

As of July 2020, two ballot measures have been certified for the November 3, 2020, general election in the state of Massachusetts. Multiple other ballot measures that were initiated by supporters did not meet requirements, thus will not appear on the ballot.

References

  1. "Attorney General Martha Coakley's Office Receives 31 Initiative Petitions Proposing 21 Laws and One Constitutional Amendment". Mass.gov. 2011-08-03. Retrieved June 29, 2014.
  2. 1 2 3 "11-12 Massachusetts Attorney General, Text of Measure" (PDF). Retrieved 2013-04-13.
  3. "Physician-assisted suicide - Question 2 - 2012 Massachusetts Election Results". Boston Globe. November 8, 2012. Retrieved November 10, 2012.
  4. Massachusetts Secretary of State, "2012 Information For Voters", Retrieved September 14, 2012
  5. "dignity2012.org". dignity2012.org. Retrieved 2013-04-13.
  6. berkshireeagle.com. "Our opinion: Yes on Question 2". Berkshire Eagle. Retrieved 2013-04-13.
  7. 1 2 3 4 Boston Herald, "Mass. petition aims to OK doctor-assisted suicide", August 24, 2011 Archived October 29, 2011, at the Wayback Machine
  8. 1 2 "Cardinal rips suicide ballot effort". Boston.com. 2011-09-19. Retrieved 2013-04-13.
  9. 1 2 Bell, Justin (December 12, 2011). "National Catholic Register, Massachusetts vs. Assisted Suicide". Ncregister.com. Retrieved 2013-04-13.
  10. Lowell Sun, "Giving a choice to terminally ill patients", September 26, 2011
  11. Span, Paula (2011-10-26). "The Next Death-With-Dignity Battleground". Newoldage.blogs.nytimes.com. Retrieved 2013-04-13.
  12. "OPINION: Why the Mass. Death with Dignity Act should appear on the November ballot". Boston.com. 2012-01-04. Retrieved 2013-04-13.
  13. 1 2 "Massachusetts religious communities divided over doctor-assisted suicide measure". Boston.com. 2012-09-10. Retrieved 2013-04-13.
  14. "second-thoughts.org". second-thoughts.org. Retrieved 2013-04-13.
  15. "massagainstassistedsuicide.org". massagainstassistedsuicide.org. 2012-11-03. Retrieved 2013-04-13.
  16. "Disability Rights Group Announces Opposition to Massachusetts Assisted Suicide Initiative". Digitaljournal.com. 2011-12-09. Retrieved 2013-04-13.
  17. "Death with dignity in Mass". Articles.boston.com. 2011-09-23. Retrieved 2013-04-13.
  18. "The Dangerous Assisted Suicide Ballot Measure in Massachusetts: 5 Key Facts | NRL News Today". Nationalrighttolifenews.org. 2011-12-15. Retrieved 2013-04-13.
  19. "National Right to Life News, "The Dangerous Assisted Suicide Ballot Measure in Massachusetts: 5 Key Facts", December 15, 2011". Nationalrighttolifenews.org. 2011-12-15. Retrieved 2013-04-13.
  20. "Mass Assisted Suicide Initiative: Jeanette Hall". Massagainstassistedsuicide.org. Retrieved 2013-04-13.
  21. "She pushed for legal right to die, and - thankfully - was rebuffed". Massagainstassistedsuicide.org. October 4, 2011. Retrieved 2013-04-13.
  22. "Push for "death with dignity" in Massachusetts picks up steam". Ama-assn.org. 2012-07-16. Retrieved 2013-04-13.
  23. Allen, Evan (September 12, 2012). "Needham's Board of Health speaks out against medical marijuana ballot question". Boston.com. Retrieved 2013-04-13.
  24. "Mass. critics of suicide question return $250,000". Boston.com. 2012-09-14. Retrieved 2013-04-13.
  25. "Westborough Patch, "Doctor-Assisted Suicide: Most Support It, Do You? [POLL]", April 3, 2012". Archived from the original on April 9, 2012. Retrieved September 14, 2012.
  26. The Associated Press (June 4, 2012). "Massachusetts voters support medical marijuana and 'death with dignity' ballot initiatives". Masslive.com. Retrieved 2013-04-13.
  27. "Public Policy Polling press release" (PDF). August 22, 2012. Retrieved 2013-04-13.
  28. "Judicial Supreme Court of Massachusetts, case docket for "John Kelly et al vs. Martha Coakley, as she is the Attorney General and William Francis Galvin, as he is the Secretary of the Commonwealth"". Ma-appellatecourts.org. Retrieved 2013-04-13.
  29. "Disability Rights Group Challenges Language for Assisted Suicide Ballot Measure as Misleading, Inaccurate, and Euphemistic". Prweb.com. May 17, 2012. Retrieved 2013-04-13.
  30. "Mass Appellate Courts - Public Case Information". Ma-appellatecourts.org. Retrieved 2013-04-13.