(Cross-posted from the The Courage Campaign)
In February 2005, Assemblywoman Patty Berg (D-Eureka) first introduced AB651, the California Compassionate Choices Act, which was modeled after Oregon's physician-assisted suicide law, the Death With Dignity Act. Despite support from a majority of Californians for right to die legislation, the bill didn't even reach the governor's desk thanks to Senate Judiciary Committee chairman Senator Joe Dunn who, well, ended its life in committee last year.
Here is what Frank Russo wrote at the time.
Senator Dunn stated that when he gaveled up the committee, he had not decided whether to support or oppose the bill. With the overflow audience sitting on the edge of their seats, he described it as a “very difficult issue.” He stated he “wanted to speak from the heart, for a moment or two, with no notes.” For twenty minutes, he brought up arguments, both pro and con and then stated “I think the inquiry needs to go deeper.” At the end, he announced he was voting against it “with a heavy heart” because of bioethical concerns that were not answered.
In a related story, from the LA Times:
Dunn is now executive director of the California Medical Assn., which represents 35,000 doctors. Association officials oppose the legislation, saying that it contradicts a doctor's ethical duties.
Well, as with many bills that don't succeed their first time around, this year, thanks to a newly supportive Fabian Nunez, the California Compassionate Choices Act may have a second chance at life…
Calling himself a "Johnny-come-lately" to the issue, Assembly Speaker Fabian Nuñez announced Thursday that he will back a bill to allow terminally ill people to hasten their deaths with lethal prescriptions.
The new bill, AB 374, can be read in full HERE. Co-author Lloyd Levine summed it up in the Democratic weekly radio address:
Our bill acknowledges the right of a terminally ill adult of sound mind with less than six months to live to ask for and receive life-ending medication. The bill has multiple layers of safeguards, even more than Oregon’s law, to ensure that only those whose lives are already at an end may exercise this right.
Patty Berg posted a piece on California Progress Report on Friday explaining the importance of such legislation and why she is reintroducing it:
Californians want to be able to discuss ALL their options with their physician if they are terminally ill. They need to know about hospice care, and about pain management. They want to be able to have these conversations in a way that respects their fundamental right to privacy – a civil right.
That is the core of the Compassionate Choices Act. It is about the freedom of the individual to make choices – and the freedom for your choices to be different from my choices.
Berg is optimistic about its chances this time around.
The Compassionate Choices Act…has a better chance of passage than ever before. We have more supporters and more co-authors, and we now have the determined partnership of our newest joint author, Assembly Speaker Fabian Nuñez.
For Nunez's part, his biggest obstacle to supporting such legislation in the past has been his Catholic faith. This year, however:
Nuñez said he is "ready to buck my church," despite an entreaty from Cardinal Roger M. Mahony. The Catholic Church, which is against suicide, helped defeat the previous "death with dignity" legislation.
Salladay has an interesting (read: disturbing) collection of reactions to this news from religious groups HERE.
So, what made Nunez change his mind?
He said Berg and her fellow author, Assemblyman Lloyd Levine (D-Van Nuys), persuaded him that the proposal, modeled on a 9-year-old Oregon law, is not about suicide but about "how people are going to live the last days of their lives."
"They're going to die," Nuñez said of those who would qualify for the lethal drugs. "The question is how much pain and suffering is involved and how much of that person's dignity is taken away from him or her."
And after all, as The Mercury News points out in an editorial in support of the legislation,
In Oregon, which passed its right-to-die law in 1997, people say it's a comfort to know that they can die peacefully and on their own terms. But fewer than 25 each year have taken advantage of that right. It hasn't encouraged euthanasia nor made the state a haven for those wishing to commit suicide.
I'm glad to see Speaker Nunez lending his considerable weight to this legislation this year. While I've been fortunate enough not to have to deal with the issue first hand, the right to die with dignity, to determine the quality of our lives and how we live our final days, just strikes me as so fundamental; as Assemblywoman Berg says, it is about that basic progressive value freedom of choice. I'm happy to see it is being championed here in California.