Despite a deeply disappointing veto Friday by outgoing Delaware governor, John Carney, of a bill to allow terminally ill adults to have the end-of-life care option of medical aid in dying to gently end unbearable suffering, advocates vowed to renew their campaign in 2025 to urge lawmakers to pass the legislation.
“… although I understand not everyone shares my views, I am fundamentally and morally opposed to state law enabling someone, even under tragic circumstances, to take their own life,” said Carney Friday in a statement, after holding the bill for nearly three months after the general assembly passed it in June. “As I have shared consistently, I am simply not comfortable letting this piece of legislation become law.”
“Tragically, Gov. Carney disregarded the Delaware Legislature’s lead and the will of nearly 75% of Delaware voters, acting on the opinion of one voter: himself,” said Charmaine Manansala, Chief Advocacy Officer for Compassion & Choices Action Network. “This veto is devastating to the brave, terminally ill constituents like Diane Kraus and advocate Judy Govatos who simply desire this time-tested option so that they can die peacefully on their own terms, but this veto will not stop us from working to enact this compassionate legislation in Delaware soon.”
“We have worked tirelessly for over 10 years in Delaware to raise awareness of the option of medical aid in dying, alongside a dynamic team of terminally ill advocates, caregivers, clinical experts, medical professionals and the steadfast leadership of Rep. Paul Baumbach,” said Tim Appleton, Delaware senior campaign director for Compassion & Choices Action Network. “Gov. Carney’s decision to veto this compassionate bill that the majority of Delaware voters support is disheartening. We will continue to fight until our terminally ill friends, neighbors,and loved ones can gently end their lives in their last months, weeks or days if they so choose.”
In his veto statement, Carney incorrectly cited opposition by the American Medical Association (AMA) to medical aid in dying. In fact, the AMA’s code of ethics states: “Supporters and opponents (of medical aid in dying) share a fundamental commitment to values of care, compassion, respect and dignity; they diverge in drawing different moral conclusions from those underlying values in equally good faith,” and goes on to state that physicians can provide medical aid in dying “according to the dictates of their conscience without violating their professional obligations.”
Further, a November 2020 Medscape poll found that doctors support medical aid in dying by a 2-1 margin. When asked “should physician assisted dying be made legal for terminally ill patients?” 55% of the 5,000 doctors surveyed nationwide said “yes,” compared to 28% who said “no,” and 17% who said “it depends.” The poll concluded: “Acceptance of this concept has grown over the decade. More specialists (57%) than primary care physicians (51%) are in favor of physician-assisted dying being legal.”
The Senate voted 11-10 to pass the Ron Silverio/Heather Block Delaware End of Life Options Act (HB140) in June. The House passed the bill in a bipartisan 21-16 vote in April. The legislation would have allowed mentally capable, terminally ill adults in Delaware the option to request and self-ingest prescription medication to peacefully end their suffering.
“I am dying of metastatic stage 4 breast cancer, so I am devastated by this gubernatorial veto,” said Millsboro resident Diane Kraus, who worked for 35 years as an occupational therapist, and 23 years in homecare and home hospice. “But if I am still alive next year, I will keep fighting to pass this bill. Without this option, I am likely to suffer in agony from bone and brain tumors at the end of my life.”
“Gov. Carney’s action today is an unnecessarily painful death sentence for sick Delawareans like me, but I have no other option than to keep fighting to enact this legislation so we can die peacefully,” said Wilmington resident Judy Govatos, who has incurable lymphoma. “I have had cancer twice in the last 10 years. At age 80, my time is running out, and without this law,I am facing a prolonged period of needless suffering when I die. But I will keep advocating to pass this urgently needed legislation in the next session.”
Wilmington resident Judy Govatos, Millsboro resident Diane Kraus
In a 2020 poll, 72% of Delaware voters support medical aid-in-dying legislation. A 2022 survey found 74% of Delaware physicians support it and 70% said they would want the option if they became terminally ill.
The End of Life Options Act had the most sponsors and cosponsors (17) since its original bill introduction in 2015, including all members of Democratic legislative leadership.
Medical aid in dying is authorized in 10 states and Washington, D.C., representing more than one out of five U.S. residents (22%). There are no documented cases of abuse or coercion involving medical aid in dying since Oregon became the first state to implement the medical practice over 25 years ago in 1997.
About Compassion & Choices/Compassion & Choices Action Network
Compassion & Choices comprises two organizations that improve care and expand options at life’s end: Compassion & Choices (501(c)(3)) educates, empowers, defends, and advocates; the Compassion & Choices Action Network (501(c)(4)) focuses exclusively on legislation, ballot campaigns, and limited electoral work. CompassionAndChoices.org/Delaware
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