Disability Advocacy Group Challenges Assisted Suicide Laws
A coalition advocating for individuals with disabilities has launched a federal lawsuit aimed at overturning contentious physician-assisted suicide laws in New York and Illinois, claiming these laws treat terminally ill patients as “expendable.”
The New York State Department of Health recently revealed plans to implement regulations for an upcoming law, set to take effect on August 5. This law permits terminally ill New Yorkers with less than six months to live to voluntarily request medication that would allow them to end their lives.
However, the lawsuits assert that the physician-assisted suicide laws in both states discriminate against people with disabilities by targeting them for lethal prescriptions instead of offering the same access to care, support, and suicide prevention services that are available to individuals without disabilities.
Plaintiffs contend that these laws infringe upon the Americans with Disabilities Act, denying equal protection and due process rights as outlined in the Fourteenth Amendment.
“States legalizing assisted suicide while simultaneously reducing home care and community services sends a dangerous message: that death is a solution to disability and lack of support,” remarked Sharon Shapiro, the director of the Brooklyn Disability Independence Center and a member of the Assisted Suicide Coalition. She is also a plaintiff in this case. “This isn’t about ‘choice’; it’s discrimination.”
The lawsuit, which has been filed in the U.S. Eastern District Court in Brooklyn, lists several defendants, including Governor Kathy Hochul, the state Department of Health Services, and Mental Health Secretary Ani Marie Sullivan.
One plaintiff, Jose Hernandez, expressed gratitude that the law didn’t exist when his mother was diagnosed with stage IV ovarian cancer at age 28, when he was just eight years old. Doctors had projected she would only live for six months.
“Assisted suicide wasn’t an option back then, and, honestly, it was a blessing,” said Hernandez, who is disabled and part of the United Spine Association group. “Doctors did everything possible, and insurance covered life-saving treatments. My mother lived for 13 more years.”
He added, “Had she chosen to end her life, I would have missed those 13 years of goodnight kisses and home-cooked meals.”
Matt Valliere, president and executive director of the Patient Rights Institute, stated that assisted suicide laws foster an unequal system that offers people with life-threatening disabilities death instead of support resources available to others.
“These laws aim to affirm the inherent value and dignity of every person, regardless of age, disability, or prognosis, ensuring no one is seen as disposable,” he said.
The medical euthanasia law has drawn criticism from Archbishop Ronald Hicks of the Archdiocese of New York, who characterized it as indicative of a growing “throwaway” culture, where lives are prematurely ended.
Despite the backlash, Hochul, who is Catholic, defended the decision made by her administration on February 6 to endorse the physician-assisted suicide law.
New York has joined 13 states and Washington, D.C., in officially legalizing physician-assisted suicide, which some supporters refer to as “medical assistance in dying” or “MAID.”
“We will always protect the rights of New Yorkers regarding freedom and bodily autonomy, including the choices terminally ill patients can make,” Hochul emphasized, reflecting on her personal experience with her mother’s struggle with ALS.
While Hochul’s office declined to comment on ongoing litigation, it mentioned that the law allows terminally ill individuals to make informed decisions about their end-of-life care. A spokesperson added that the Ministry of Health is currently working on implementing the law responsibly.
State Attorney General Letitia James, representing the state in this case, also opted not to comment.
The End Assisted Suicide Coalition has previously challenged physician-assisted suicide laws in California, Colorado, and Delaware.
