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]
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]
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.
The following is information obtained from the supporting side of the initiative.
The following is information obtained from the opposing side of the initiative:
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]
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]
Assisted suicide, also known as assisted dying, is suicide undertaken with the aid of another person. The term usually refers to physician-assisted suicide (PAS), which is suicide that is assisted by a physician or other healthcare provider. Once it is determined that the person's situation qualifies under the physician-assisted suicide laws for that place, the physician's assistance is usually limited to writing a prescription for a lethal dose of drugs.
The right to die is a concept based on the opinion that human beings are entitled to end their life or undergo voluntary euthanasia. Possession of this right is often understood that a person with a terminal illness, or without the will to continue living, should be allowed to end their own life, use assisted suicide, or to decline life-prolonging treatment. The question of whom, if anyone, should be empowered to make this decision is often central to the debate.
Measure 16 of 1994 established the U.S. state of Oregon's Death with Dignity Act, which legalizes medical aid in dying with certain restrictions. Passage of this initiative made Oregon the first U.S. state and one of the first jurisdictions in the world to permit some terminally ill patients to determine the time of their own death.
Terminal illness or end-stage disease is a disease that cannot be cured or adequately treated and is reasonably expected to result in the death of the patient. This term is more commonly used for progressive diseases such as cancer or advanced heart disease than for trauma. In popular use, it indicates a disease that will progress until death with near absolute certainty, regardless of treatment. A patient who has such an illness may be referred to as a terminal patient, terminally ill or simply terminal. There is no standardized life expectancy for a patient to be considered terminal, although it is generally months or less. Life expectancy for terminal patients is a rough estimate given by the physician based on previous data and does not always reflect true longevity. An illness which is lifelong but not fatal is a chronic condition.
Gonzales v. Oregon, 546 U.S. 243 (2006), was a landmark decision of the US Supreme Court which ruled that the United States Attorney General cannot enforce the federal Controlled Substances Act against physicians who prescribed drugs, in compliance with Oregon state law, to terminally ill patients seeking to end their lives, often referred to as medical aid in dying. It was the first major case heard by the Roberts Court under the new Chief Justice of the United States.
Euthanasia is illegal in most of the United States. Assisted suicide/assisted death is legal in Washington, D.C. and the states of California, Colorado, Oregon, Vermont, Maine, New Jersey, Hawaii, and Washington; its status is disputed in Montana, though currently authorized per the Montana Supreme Court's ruling in Baxter v. Montana that "nothing in Montana Supreme Court precedent or Montana statutes [indicates] that physician aid in dying is against public policy."
Efforts to change government policies on euthanasia of humans in the 20th and 21st centuries have met limited success in Western countries. Human euthanasia policies have also been developed by a variety of NGOs, most notably medical associations and advocacy organizations. As of March 2018, active human euthanasia is legal in the Netherlands, Belgium, Colombia, Luxembourg, Western Australia and Canada. Assisted suicide is legal in Switzerland, Germany, the Australian state of Victoria and in the U.S. states of Washington, Oregon, Colorado, Hawaii, Vermont, Maine, New Jersey, California, and in the District of Columbia.
Barbara Coombs Lee is an American activist, author, former family nurse practitioner and physician assistant, and president emerita/senior adviser of Compassion & Choices, a national non-profit organization dedicated to expanding and protecting the rights of the terminally ill.
The Michigan Compassionate Care Initiative was an indirect initiated state statute that allowed the medical use of marijuana for seriously ill patients. It was approved by voters as Proposal 1 on November 6, 2008, 63 percent in favor to 37 percent opposed.
Initiative 1000 (I-1000) of 2008 established the U.S. state of Washington's Death with Dignity Act, which legalizes medical aid in dying with certain restrictions. Passage of this initiative made Washington the second U.S. state to permit some terminally ill patients to determine the time of their own death. The effort was headed by former Governor Booth Gardner.
Suicide tourism, or euthanasia tourism, is the practice of potential suicide candidates travelling to a jurisdiction to commit assisted suicide or suicide. In some jurisdictions, assisted suicide is legal.
Assisted suicide is defined as suicide committed with the aid of another person, sometimes a doctor. “Assisted suicide" has been used to describe what proponents refer to as medical aid in dying in the United States for terminally ill adults who self-administer barbiturates if they feel that they are suffering significantly. The term is often used interchangeably with physician-assisted suicide (PAS), "physician-assisted dying", "physician-assisted death", "assisted death" and "aid in dying".
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.
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.
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.
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.
Three ballot measures were certified for the November 6, 2018, general election in the state of 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.