Disability Rights Community Responds to the Tucker Hire

September 13, 2014

Board of Directors
Disability Rights Legal Center
800 S. Figueroa St., Suite 1120
Los Angeles, CA 90017

Dear Board members, Disability Rights Legal Center:

We understand you have hired Kathryn Tucker as the new executive director of DRLC.

Many of the signatories to this letter have worked with DRLC for years, enjoyed our working relationship toward furthering disability rights, and appreciated the work of DRLC.

We wish to engage in dialogue with you about the serious concerns we have over Ms. Tucker’s work in her previous position at Compassion & Choices that has placed members of the disability community in significant danger.

As you probably know, many prominent disability rights organizations across the U.S. have taken formal positions opposing assisted suicide laws. The legalization of assisted suicide is a very serious problem, and is of the utmost importance to many in the disability community. Ms. Tucker’s actions have significantly and directly aided in establishing assisted suicide laws, and she has materially contributed to the efforts toward their further legalization, in state after state. While Ms. Tucker’s work on pain relief is laudable, it is overshadowed by her work toward the legalization of assisted suicide through her leadership role at Compassion & Choices.

As organizations many of which have partnered with DRLC in the past, and which hope to have productive collaborations with you in the future, we would be very troubled if the hiring of Ms. Tucker were seen as a message to the disability community—or to society at large—that the DRLC has taken, or may take in the future, an opposing position to that of the established disability community on the legalization of assisted suicide, isolating itself from its natural allies.

Recognizing the difficulties raised by this past work of Ms. Tucker, we hope you will engage with us in dialogue about this issue and how it might play out, if at all, during her tenure at DRLC.

If you are unfamiliar with the issue’s complexities or with how extensively it is misunderstood by the general public, we refer you to http://dredf.org/public-policy/assisted-suicide/ to learn more.

We suggest a teleconference with you—and, if you like, Ms. Tucker and/or other staff—to consider the above questions.

On behalf of the organizations and individuals who have signed on below, please communicate with Marilyn Golden, Senior Policy Analyst, Disability Rights Education & Defense Fund (DREDF), mgolden@dredf.org, (510) 549-9339.

We look forward to hearing from you soon.

Sincerely,

(Partial list of sign-ons, in alphabetical order)

• ADAPT
• Association of Programs for Rural Independent Living (APRIL)
• Autistic Self Advocacy Network (ASAN)
• Boston Center for Independent Living (BCIL)
• Center for Disability Rights, New York State (CDRNYS)
• Civil Rights Education and Enforcement Center – Tim Fox and Amy Robertson (CREEC)
• Communities Actively Living Independent & Free (CALIF) – Lillibeth Navarro, Executive Director
• Community Access Project, Massachusetts
• Disability Rights Education & Defense Fund (DREDF)
• Duane French, a founding member of the Alaska and Washington Chapters of Not Dead Yet
• Steve Gold, Attorney
• Independent Living Center of Southern California (ILCSC)
• Little People of America (LPA)
• Virginia Knowlton Marcus, Executive Director, Maryland Disability Law Center*
• James D. McGaughey, JD, former executive director of the Connecticut Office of Protection and Advocacy for Persons with Disabilities
• MPOWER
• National Council on Independent Living (NCIL)
• National Coalition for Mental Health Recovery (NCMHR)
• Not Dead Yet (NDY)
• Regional Center for Independent Living, New York
• Stephen A. Rosenbaum, John & Elizabeth Boalt Lecturer, U.C. Berkeley*
• Second Thoughts Connecticut
• Second Thoughts Massachusetts
• Michelle Uzeta, former legal director, Disability Rights Legal Center
• World Institute on Disability (WID)

* For identification purposes only

[Editor’s Note:  The Disability Rights Education & Defense Fund coordinated coordinated disability organizations that wanted to respond.]

Press Release: NDY & 6 Other National Disability Groups Submit Friend-of-the-Court Brief in New Mexico Assisted Suicide Appeal

[Editor’s Note: We’ve previously reported on the New Mexico district court ruling on assisted suicide here and here, among others.  The state Attorney General (AG) has appealed the ruling.  NDY’s press release about our brief submitted in support of the AG, joined by 6 other national disability rights groups, is both below and online at PRWeb.  The brief itself is available as an attachment to the PRWeb release and on the NDY site under “Court Cases” here.]

On August 22, 2014, Not Dead Yet submitted a Disability Rights friend-of-the-court brief in support of the New Mexico Attorney General’s appeal seeking to overturn a district court ruling that the New Mexico constitution contains a right to assisted suicide (Morris v. King, Case No. 33,630, Court of Appeals of the State of New Mexico).  Six other national disability rights organizations joined in the brief:  ADAPT, the American Association of People with Disabilities, the Autistic Self Advocacy Network, Disability Rights Education and Defense Fund, the National Council on Independent Living, and the United Spinal Association (collectively “the Disability Rights Amici”).

The Disability Rights Amici are represented by Lara Katz of Montgomery and Andrews in Santa Fe, New Mexico, and Steve Gold, a nationally known disability rights attorney based in Philadelphia.  The Motion that accompanies the brief states why the groups believe that the disability rights perspective should be considered by the Court of Appeals:

Their members, as well as other people with severe disabilities, are the potential targets of physician-assisted suicide.  Their members have faced family and physicians who have actively deprived them of fundamental rights and liberties that others take for granted.  They have members whose physicians have mistakenly told them they have six months to live, but have lived far beyond that prognosis.  . . .  Some members’ families have been urged by physicians to remove life-sustaining treatment at a critical juncture and, after their families fought such recommendations, have survived and gone on to value their lives.  Some members initially contemplated suicide following a severe and life-threatening injury, but were denied that option under prior law, and went on to value their lives.

Each of the Disability Rights Amici brings a specific perspective to the policy debate about assisted suicide.  For example, the primary mission of ADAPT is to ensure that seniors and people with disabilities are not forced into nursing facilities, but have the choice to receive consumer directed long term care services in their own home.  “If the only alternative to death that those in power offer people who require assistance is poverty and segregation in nursing facilities, then it makes no sense to talk about assisted suicide as a ‘choice’”, said Bob Kafka, an ADAPT organizer based in Austin, Texas.

“As a person with a disability and a wheelchair-user, I’m proud that the disability community has overwhelmingly opposed the legalization of assisted suicide,” said Marilyn Golden, senior policy analyst with the Disability Rights Education and Defense Fund in Berkeley, California.  “It’s a deadly mix with our broken, profit-driven health care system, where financial pressures already play far too great a role.”

Many people with disabilities acquire them as a result of accidents or trauma, and their prognosis is often uncertain in the early stages.  “If assisted suicide had been legal in the past, even if it were supposedly only for those with ‘terminal’ conditions, many of us would not be here today,” said Kelly Buckland, executive director of the National Council on Independent Living. “I might not be here today, and I’m grateful that assisted suicide was not legal back then, and I’m committed to keeping it that way.”

“There is significant evidence that proponents of physician assisted suicide have never intended to stop at the terminally ill,” noted Ari Ne’eman, executive director of the Autistic Self Advocacy Network.  “Legislation introduced in New Hampshire in 2014 and prior years includes a definition of terminal illness so broad as to allow for a lethal prescription in response to any condition which shortens lifespan without a known treatment – even if the individual in question might have years or even decades of life remaining.  Assisted suicide advocates have been adept at using an incremental strategy by focusing on people who are terminally ill, but their broader policy agenda is already well documented.”

“Our basic position is that when some people get suicide prevention while other people get suicide assistance, and the difference is the person’s age, disability or health status, that’s a problem,” said Not Dead Yet’s president and CEO, Diane Coleman.  “It’s a problem of devaluation of people who are being told that others not only agree with their suicide, which is bad enough, but will even help them carry it out.  It’s a deadly form of discrimination and, as our brief says, it violates the Americans with Disabilities Act.”

A free email subscription to the Not Dead Yet blog is available online.

 

 

John Kelly: Disability Rights Organizations Oppose Assisted Suicide

[Editor’s note:  In last week’s NDY blog featuring two great letters to the editor – Two Disability Advocates Respond to Two Assisted Suicide Proponents with Disabilities, I said I would post John Kelly’s article on the same subject, the role of people with disabilities in opposing legalization of assisted suicide.  Here it is!]

We are long-time disability rights activists writing to set the record straight about disabled people’s stance on assisted suicide (Myers and Hankinson, “People living with disabilities support death with dignity”). Disability rights advocates and organizations have long opposed legalization of assisted suicide.  In the mid 1990s, Not Dead Yet organized to oppose Jack Kevorkian’s assisted suicides, two thirds of which ended the lives of non-terminal, disabled people. Over the last 20 years, every major national disability rights organization that has taken a position on assisted suicide, firmly opposes it. In recent state level campaigns, disability rights opposition has been a key factor in stopping assisted suicide bills.

The authors base their argument on results from three state polls and quotes from scientist Stephen Hawking. Let’s look at the three states. In Massachusetts, disabled advocates formed the group Second Thoughts during the 2012 assisted suicide ballot campaign. We took the name from our finding that the more people learn about assisted suicide, the more they oppose it. We gathered support from 11 major state-wide disability organizations; no disability organizations came out in favor. And in the most recent legislative session, Second Thoughts joined with the Massachusetts Medical Society and the Hospice & Palliative Care Federation to quash a similar bill.

When Connecticut proponents put forward bills in two consecutive sessions, our sister group Second Thoughts Connecticut organized with the disability protection and advocacy agency and the Connecticut Council on Developmental Disability to stop the bills. Hugh McQuaid wrote in CT News Junkie that “Both this year and last year, people with disabilities and their advocates have been among the bill’s most outspoken opponents. Many testified against the bill during its public hearing.”

Lastly, the authors cited New Jersey, where disability opposition was just credited with stalling an assisted suicide bill. Susan Livio of NJ.com wrote “Disability advocates, fearing the legislation could be manipulated to prematurely end patients’ lives, turned out in force to testify against the bill when it passed the Assembly Health and Senior Citizens Committee earlier this month.”

In reality, assisted suicide is the ultimate denial of choice. Bob Kafka, national leader of ADAPT, points to the enforced poverty, lack of available home care, and terror of nursing homes confronting seniors and disabled people who need assistance.  The lack of choices is reflected in the statistics from Oregon, where 90% of suicides are ascribed to “loss of autonomy,” and 40% to “feelings of being a burden.”  Kafka says, “Society is failing to ensure that seniors and people with disabilities have access to consumer controlled long term services and supports when they need them. The last thing we need is for those in power to make a public policy choice, during this time of vast budget cuts in Medicaid health and long term care, that an early death is the cost saving answer to these very real human needs.”

John B. Kelly is the New England regional director for Not Dead Yet and the director of Second Thoughts Massachusetts. 

Robin Williams and the Hypocrisy of Suicide Prevention Organizations

The sudden emergence of suicide prevention organizations and their representatives in the media responding to the death of Robin Williams has been mind-blowingly outrageous to me – I track the suicide coverage – assisted and non-assisted – of old, ill and disabled people regularly. It’s part of my job. A near-constant in reading and watching that coverage has been the near-total absence of suicide prevention organizations and professionals in reacting to any suicide of old, ill or elderly people labelled as “right to die,” death with dignity,” “end of life,” “assisted suicide” or any other terminology that seeks to differentiate the suicides of some people from the larger group deemed as “preventable tragedies.”

In the aftermath of Robin Williams’ apparent suicide, suicide prevention experts and the press want to take special care about warning the public and make sure that the coverage of his death doesn’t spark a rise in suicidal behavior.  Here’s a sampling of the reactions, starting with a response to a tweet put out by the Academy of Motion Picture Arts & Sciences as reported in the Washington Post:

On Monday night, as fans around the world began to grieve Robin Williams’s death, the Academy of Motion Picture Arts and Sciences — best known, in many circles, as the people behind the Oscars — sent out what may be the iconic social media image of Williams’s death.

More than 270,000 people have shared the tweet, which means that, per the analytics site Topsy, as many as 69 million people have seen it.

The problem? It violates well-established public health standards for how we talk about suicide.

“If it doesn’t cross the line, it comes very, very close to it,” said Christine Moutier, chief medical officer at the American Foundation for Suicide Prevention. “Suicide should never be presented as an option. That’s a formula for potential contagion.” (Emphasis added.)

Moutier is referring to a well-documented phenomenon, better-known as “copycat suicide,” in which media coverage or publicity around one death encourages other vulnerable people to commit suicide in the same way. Adolescents are most at risk of suicide contagion; in recent years, groups like AFSP have also become particularly attentive to the role the Internet plays in romanticizing notorious or high-profile deaths, something it has long asked both the news and entertainment industries to avoid.

“The potential for online reports, photos/videos and stories to go viral makes it vital that online coverage of suicide follow site or industry safety recommendations,” one media guide reads.

But in the hours since @TheAcademy’s tweet went viral, professionals like Moutier have become concerned that it doesn’t, in fact, follow established safety recommendations. The starry sky from Disney’s Aladdin, and the written implication that suicide is somehow a liberating option, presents suicide in too celebratory a light, Moutier said.

The International Business Times presented this quote from a representative of the American Association of Suicidology:

The American Association of Suicidology has advised journalists to sensitively cover the death because certain types of news coverage are believed to increase the likelihood of suicide in vulnerable individuals. The association noted that the risk of copycat suicides increases when the story specifically describes the suicide method, but covering the suicide carefully can change public misperceptions and prompt those who are vulnerable or at risk to seek help.

Those are just two examples, but they’re typical of the way in which top suicide prevention organizations have been aggressively going after the press and spreading caution about the harm caused by irresponsible journalism.

I, for one, am extremely unimpressed and underwhelmed by the suicide prevention brigade. Even in this latest episode of a publicized suicide, I see nothing in their messaging to indicate that any of the organizations or their reps care at all if old, ill and disabled people kill ourselves (unless, of course, we’re Robin Williams).

Let me offer up one more quote before I talk about the total lack of integrity these organizations have shown in regard to suicides of old, ill and disabled people – deaths I get to read about far too often.  This is from Michelle Cornette, executive director of the American Association of Suicidology, who appeared on Lawrence O’Donnell’s show “The Last Word” on MSNBC:

I think what`s really important to keep in mind with respect to
suicidal thinking and individuals who die by suicide is that they have
essentially reached a cognitive state where they`re not really thinking
about other people. In fact, there`s some interesting research that`s come
out in recent years indicating there`s a very strong association between 
perceptions of burden on others and risk for suicide, meaning the 
individuals come to believe that their death is worth more than their life 
to their loved ones. (Emphasis added.)

Starting with that last point – about the association of being a burden – there’s an elephant in the living room (one of many) in Oregon assisted suicide data. According to information given by prescribing doctors, 49% of people requesting assisted suicide give “being a burden” as a major reason for wanting to commit suicide.  Oregon, btw, has one of the highest overall suicide rates in the country, and the rates for all ages are climbing. The state government (and suicide prevention organizations) aren’t inclined to look at legalized assisted suicide and the promotion of suicide as rational, even brave by both pro-assisted organizations and the press and how they might be influencing the overall suicide rates. One would think that good science would dictate at least considering a contagion effect from the normalization of suicide under the assisted suicide statute.  It’s interesting – and disturbing – that outside of ex-director of the American Foundation for Suicide Prevention (AFSP) Herb Hendin, I’ve never heard or read any suicide prevention professional highlight that the feeling of “being a burden” is a significant risk factor for suicide in general.

All of these suicide prevention organizations have media guidelines on reporting responsibly when covering suicides.  Among those guidelines are:

*Suicide is complex. There are almost always multiple causes,
including psychiatric illnesses, that may not have been
recognized or treated. However, these illnesses are treatable.
• Refer to research findings that mental disorders and/or
substance abuse have been found in 90% of people who
have died by suicide.
• Avoid reporting that death by suicide was preceded by a
single event, such as a recent job loss, divorce or bad grades.
Reporting like this leaves the public with an overly simplistic
and misleading understanding of suicide.
• Consider quoting a suicide prevention expert on causes
and treatments. Avoid putting expert opinions in a
sensationalistic context.
• Use your story to inform readers about the causes of
suicide, its warning signs, trends in rates and recent
treatment advances.
• Add statement(s) about the many treatment options
available, stories of those who overcame a suicidal
crisis and resources for help.
• Include up-to-date local/national resources where
readers/viewers can find treatment, information and
advice that promotes help-seeking. (Source: https://www.afsp.org/content/download/1066/16814/file/recommendations.pdf)

 

Over the last eight years, the activities of the Final Exit Network (FEN) – whose “exit guides” are claimed to have facilitated hundreds of suicides in the U.S. – have received national coverage.  The greatest coverage has come from their role in the death of John Celmer of Georgia, clear of mouth cancer he’d been treated for, but deeply distressed over his post-surgery appearance. The death of Jana Van Voorhis – a woman without serious physical illness but a history of emotional issues – has also received a great deal of attention.  Favorable profiles of FEN and its members have appeared in Time magazine and in the Washington Post.  A  NY Times health columnist recommended FEN as a resource for nonterminally ill people who want to kill themselves.  (FEN openly advocates the “right” of anyone with any kind of illness, condition, etc. to receive assistance and support in committing suicide.)

Virtually every one of these articles broke every single element of “good practice” in terms of reporting about suicide.

  • Percentage of articles detailing means of suicide: ~100%;
  • Percentage of articles sharing contact info for suicide prevention: almost none;
  • Percentage of articles quoting a suicide prevention representative: almost none;

A couple of articles got our hopes up that maybe suicide prevention groups were beginning to wake up and maybe give a crap about the ongoing promotion of suicide as “rational” for old, ill and disabled people.

In 2010, FEN put up a number of billboards across the country with the message “My Life My Death My Choice,” and their URL printed underneath. One of the first appeared in the San Francisco area.  The Bay Citizen, an independent newspaper, published an article with two suicide prevention professionals responding to the billboard:

 “This is irresponsible and downright dangerous; it is the equivalent of handing a gun to someone who is suicidal,” wrote Lanny Berman, president of the International Association of Suicide Prevention, in an email. “This message, communicated to thousands of vulnerable individuals, suffering from psychic and or physical pain that is treatable, invites a tragic and final solution to problems that most often can be solved with proper evaluation and treatment.”

There’s also a quote from a representative of  a local organization:

“Regardless of what someone might feel about assisted suicide, I feel the message behind this billboard is confusing and dangerous,” wrote David Paisley, deputy director of San Francisco Suicide Prevention, in an email.

“It assumes people will understand that it is a billboard about assisted suicide or they will go to the website,” he wrote. “In reality, most people who see the billboard from the street or car will not go to the website, but are left with a message that could be interpreted very tragically by someone in crisis and acting impulsively.”

At the time, I thought these comments were terrific breakthroughs.  To the extent that the reporter managed to get suicide prevention folks to come out of hiding for this story, it was a breakthrough.  But the more I read them, the more troubling the comments became.  Berman and Paisley seemed not so concerned with the general message so much as the possibility it would reach the wrong audience.

Within weeks, that concern would be validated in another story about the billboards – this one from New Jersey, where FEN also paid for a billboard. In July 2010, Judith Springer spelled it out:

Dr. Judith Springer.  Springer is a psychologist and board member of the Society for the Prevention of Teen Suicide.

The first red flag went up on Springer’s comments in her first press quotes that appeared in the Star-Ledger, giving her reaction to the FEN billboard:

Therapists called the billboard “irresponsible,” arguing it could serve as a “tipping point” for troubled teens or others at risk of suicide.“The idea of any of these upset, impressionable kids seeing a billboard like that absolutely horrifies me,” said Judith Springer, a Morristown psychologist and board member of the Society for the Prevention of Teen Suicide. “You can’t filter who sees a publicly displayed sign.”

The quote bothered me a little, since there seemed to be room here that – in her opinion – there is an appropriate audience for the sign and the organization.

Turns out my vague concerns were all too valid.  The good Dr. Springer ended up showing the depth of her concern when it comes to suicide for the elderly – or more accurately, her complete lack of concern.  In a July 16th article written by Fox News religion correspondent Lauren Green, Springer reiterated her previous comments and then expanded on them:

But Springer says she’s not opposed to Final Exit’s mission, just how they’re delivering the message.
“I visited the website and it’s populated by elderly folks who are at the end of a very long life and are in pain,” she said. “That’s a whole different issue to me.”
Let me translate – Springer has just shrugged off any concern about any group that encourages and facilitates the suicides of “elderly folks” because it’s “different” than what she deals with.
As of 2010, neither the American Association of Suicidology nor the International Association of Suicide Prevention had any position on assisted suicide. That’s what they claimed anyway.  It’s a lie. When suicide prevention organizations take “no position” on assisted suicide, they have actually taken a position to maintain silence regarding some types of people who commit suicide while speaking out about how to reduce the risk of suicide in the rest of the population. The no-position is a decision to cede authority to pro-assisted suicide advocates and activists to redefine terminology, gain acceptance and even approval for assisting the suicides of old, ill and disabled people. While suicide prevention organizations hide under their desks and refuse to talk about suicides of old, ill and disabled people as preventable tragedies, assisted suicide organizations are rearranging the playing fields and the laws. Soon, what suicide prevention organizations think about our suicides will be irrelevant.
Suicide prevention organizations probably hope that no one will remember their silence and abandonment in doing what they claim is their job.  So the next time you hear, see or read a suicide  prevention professional, tune out their timely propaganda and self-promotion and remember their silence at times when speaking out might have counted for something.
I promise that disability activists will remember.
We will never forget.

Two Disability Advocates Respond to Two Assisted Suicide Proponents with Disabilities

On July 25, 2014, two individuals with disabilities had an op ed published in a Montana newspaper, the Missoulian, that called for a strong response from disability rights advocates, which came in the form of two great letters published in the same paper.

On August 7th, a letter by a disability advocate and former wheelchair racing athlete Lucinda Hardy appeared:

Dear Editor:

I have read the guest column,”People living with disabilities support death with dignity” (July 25), which advocates for legalizing assisted suicide and/or euthanasia for the disabled. I could be described as such a person and this opinion does not speak for me. I am strongly against legalizing these practices. 

When I was in high school, I was on track to get a basketball scholarship to college. And then, I was in a car accident. The accident left me in a wheelchair, a quadriplegic. In addition to my paralysis, I had other difficulties. Over the next two or three years, I gave serious thought to suicide. And I had the means to do it, but both times I got close, I stopped myself. 

If instead, my doctor, an authority figure, had told me that ending my life was a rational course, there might have been a different result. If instead, he had given me a lethal dose to ingest or offered to euthanize me, I might have gone along with it. But assisted suicide and euthanasia were not legal in Montana. Such courses were off the table.

So, instead, I went to college to seek a degree in education. While in college, I participated in wheelchair racing at the state, national and international levels. I met my husband and 21 years later the honeymoon is not over. We have three beautiful daughters and a new baby granddaughter. I am also active in my community.

Montana’s law protected me and I hope it will stay in place to continue to protect me and others as we go through the sometimes hard times of life.

Assisted suicide and euthanasia should not be legal.

Lucinda Hardy, Columbia Falls

And on August 4th, the paper also carried the following letter by long time ADAPT and NDY activist Marsha Katz:

While two disabled people have shared personal opinions in favor of legalizing assisted suicide (“People living with disabilities support death with dignity” July 25), readers need to know that all of the major national disability organizations that have taken a position on the issue oppose legalizing assisted suicide.

This includes the National Council on Disability, the National Council on Independent Living, the Disability Rights Education and Defense Fund, the Autistic Self Advocacy Network and several others (see notdeadyet.org/disability-groups-opposed-to-assisted-suicide-laws). These organizations view public policy with a deep historical knowledge of how old, ill and disabled people are devalued by society and, too often, even by our own families. They also have practical experience with our health care and service systems.

The so-called “safeguards” in assisted suicide laws are hollow. For instance, one of the two required witnesses to the form requesting assisted suicide can be an heir who might stand to gain by the person’s death. And worse, neither witness to the person’s signature is required to actually know the person. There is no way to discover, much less prevent, any form of coercion or caregiver abuse in getting people to sign assisted suicide requests. And since no independent witness is required at the time of death, self-administration of the lethal dose is not assured, even though it is required by law. In Oregon, the law includes no investigation or enforcement provisions. Safeguards? I don’t think so.

A major reason people request assisted suicide is the feeling they are a burden to others. I see that as a subtle form of coercion, often resulting from the lack of necessary home care services, or proper pain management and palliative care.

Why are people advocating our “death with dignity” before working first to assure that we have life with dignity?

Marsha Katz, Missoula

The op-ed also made a number of claims, some unsubstantiated, some inaccurate.  In the inaccurate category, two should be mentioned and corrected.  Despite their disabilities, the authors didn’t discern the error in their recap of findings reported in the Journal of Medical Ethics:

A report published in the Journal of Medical Ethics about the Oregon Death With Dignity Act concluded: “Rates of assisted dying in Oregon showed no evidence of heightened risk for … the physically disabled or chronically ill.”

The problem with this statement is that the Oregon assisted suicide reports tell us that the reasons people ask for assisted suicide are loss of autonomy (93%), loss of ability to engage in enjoyable activities (89%) and feelings of being a burden on family, friends/caregivers (49%), all indications of physical impairment and the need for physical assistance in basic daily activities.  In fact, it looks like the vast majority of the Oregon assisted suicides involved people with physical disabilities, whether the cause was life long, chronic or recent.

The authors also stated that, “Since Oregon’s law went into effect in 1997, four other U.S. states have allowed the medical practice of aid in dying: Washington, Montana, Vermont and New Mexico.”  That really overstates the case in Montana and New Mexico.  The Montana Supreme Court ruled that a physician may raise the defense of the victim’s consent to assisted suicide if he or she is charged with homicide in the death of a patient.  This is far from legalizing the practice and does not guarantee that the defense would be successful, which would depend on the facts of the case.  In New Mexico, the ruling was at the district court level, affecting only part of the state, and is under appeal by the state Attorney General.

Later this week, we’ll post an article by NDY’s New England Regional Director John Kelly responding to the same op-ed and giving a shout out to the role of disability activists in defeating assisted suicide legislation in the Northeast.  In fact, maybe those real successes are the main reason for the op ed, a transparent effort at redirection.