The fight to protect end-of-life options reached a critical moment in Montana this spring when lawmakers considered legislation that would have stripped terminally ill Montanans of their right to seek medical aid in dying — and criminalize the physicians who support them.
Senate Bill 136, which passed through the Senate and a House committee, threatened to overturn the 2009 Baxter v. Montana decision, which affirmed that physicians could prescribe aid-in-dying medication without facing jail time. On April 9, the Montana House of Representatives voted to reject SB 136 by a bipartisan vote of 43 to 57. Fifteen Republicans joined all 42 Democrats in opposing the bill, preventing it from moving forward. Still, this marked the closest this legislature has come to revoking medical aid-in-dying access since the Baxter decision and is a reminder that progress is made when people show up and fight for it. The bill failed thanks to the coordinated efforts of Compassion & Choices and our Montana volunteers, with additional dedicated advocates and active Republican support endorsing the effort to stop the bill.
A committee hearing in March drew passionate opposition from across the state, with advocates and supportive lawmakers from both sides of the aisle warning that SB 136 would cause needless suffering for patients already facing the most sensitive and challenging moments of their lives.
Among those who testified was Dr. Colette Kirchhoff, a board-certified family and palliative care physician from Bozeman.
"It is imperative that all those who care for dying patients understand the differences in the religious and spiritual beliefs, suffering and values of others — regardless of our own beliefs — and do our best to honor those few patients who are suffering unimaginably and request MAID. The thought that SB 136 … would determine we are committing homicide, when we are supporting a competent, rational decision of another to manage their own end of life, is disheartening."
She was joined by a record 35 advocates, storytellers and volunteers, including Republican Rep. Julie Darling, who sponsored a separate bill, HB 637, to codify medical aid in dying into law in Montana. Among the voices in opposition were Roberta King and Leslie Mutchler, daughters of Bob Baxter, the plaintiff in the case, brought by Compassion & Choices, that first established MAID in 2009. Roberta King said, “As Montanans, we know how to take care of ourselves without government interference. We trust our doctors to give us the best possible medical advice.”
SB 136 reminds supporters that the journey toward end-of-life options is rarely linear. Progress, when it comes, is hard-earned, fueled by people who choose to act.
Andrew Flack was one of those people. In California, Andrew faced a terminal colorectal cancer diagnosis at the age of 29. Andrew used his voice to educate and connect, launching a blog and podcast to help others navigate their end-of-life choices. He chose to utilize California’s End of Life Option Act, allowing him to die peacefully in 2022, at the age of 34. His mother, Suzy Flack, residing in his home state of Illinois, supported his decision and has since become a vocal advocate for medical aid in dying legislation. “Andrew died peacefully because of the option of medical aid in dying in California, where he lived. I’m comforted by that. I also wish he could have had that option here in Illinois.”
In Illinois, Nilsa Centeno shares her son Miguel’s story. Diagnosed with brain cancer, Miguel endured unrelenting pain in his final weeks. The lack of legal access to medical aid in dying caused immense suffering not only for him, but for his entire family. Nine years have passed since Miguel’s death and Nilsa continues to work to ensure no other parent has to watch their child suffer. “And even though pain of his loss devours me daily, not a single day passes without me continuing to carry out his last wish: to urge legislators to pass laws to give terminally ill people the option he did not have.”
Connecticut advocate Deltra James was only 33 when she found a lump in her breast and was soon diagnosed with metastatic cancer. In facing her own diagnosis, she became aware of the anxiety surrounding death experienced in the cancer community. Determined to help, she trained as a death doula and now works with fellow patients to bring honesty and clarity to end-of-life conversations. She advocates for medical aid in dying in Connecticut, saying, “Having the option of medical aid in dying would give me a lot of peace of mind.”
And in Maryland and Delaware, Diane Kraus became a powerful voice in the movement before her death in March 2025. A longtime resident of Millsboro and retired occupational therapist, Diane spent 35 years helping others, including 23 years in homecare and hospice. Before her death, she spoke out publicly in support of medical aid in dying legislation in Maryland, attending countless lobbying events and becoming one of the most visible advocates for MAID in Maryland.
Their stories, like so many others, are a powerful reminder: Change comes from people willing to share their experiences and call for end-of-life autonomy. While legislative battles may ebb and flow, the energy and commitment of dedicated advocates remains constant.
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