The Delaware Senate votes against legalizing medical aid in dying, but it could be brought back up for another vote next week.
The bill would allow a terminally ill adult to request and self-administer medication to end their life and made it to the state Senate for the first time since its sponsor — State Rep. Paul Baumbach (D-Newark) — started pursuing the legislation in 2017.
The bill includes some safeguards, including requiring the decision to be made voluntarily by an individual with decision-making capacity and the decision has to be requested twice verbally paired with an additional written request.
But senators on both sides of the aisle raised concerns these safeguards may eventually be removed or bended, along with religious and personal conflicts.
State Sen. Eric Buckson (R-Dover South) says while he appreciates the safeguards Baumbach has put in place, he fears future legislatures could remove them.
"There are documented cases in Colorado, for example, of medically assisted suicide medication being distributed and/or administered to individuals who do not have a terminal diagnosis, and while the language of this bill should prevent that, a future General Assembly, as seen in other states, could make changes. That has been the case in other jurisdictions — I have to guard against that," Buckson said.
State Sen. Jack Walsh (D-Wilmington) says the legislation is the most difficult he’s had to deal with personally since he was elected in 2016.
“I’ve always been a no – came down here today, thought I could be a yes. I appreciate Rep. Baumbach – [he’s] worked his tail off on this legislation, and he’s got it to this point, he’s put guardrails around it, but today, I just can’t get there.”
State Sen. Nicole Poore (D-New Castle) also opposed the bill, offering the story of her husband who survived a recent battle with cancer.
“If he had chosen to pick his death date, based on what the doctor had said, I would have been widowed with three children. I am thankful that this legislation wasn’t even an option. It wasn’t even a thought," she said.
Senate Majority Leader Bryan Townsend (D-Newark), the Senate prime sponsor of the bill, argues the legislation allows those with a terminal diagnosis to have some agency in how they proceed before the end of their life.
"This is about us giving those individuals a choice. This is about those people in their final days or final weeks after going through multiple different processes and safeguards, giving them that choice," Townsend said. "Not everyone exercises it — many want to have that option, and this is respecting them in one of the most fundamental moments in their lives."
All Republican senators present voted against the bill, along with four initial no votes from Democrats, State Sen. Nicole Poore (D-Newcastle), State Sen. Spiros Mantzavinos (D-Elsemere), State Sen. Darius Brown (D-Wilmington) and State Sen. Jack Walsh (D-Wilmington), and one member who abstained, State Sen. Kyra Hoffner (D-Dover).
After the final tally proved the bill to be one vote shy of passing, Townsend switched his vote from yes to no, allowing him to bring the bill back for consideration next week.
