Click here to view the entire article as published.
Governor John Carney Friday vetoed legislation that would have allowed people with a terminal illness who are able to make sound decisions for themselves to get access to medication that would end their lives.
House Bill 140 received final legislative approval in the State Senate in late June. However, it underwent several amendments and the issue has been debated for years.
Carney said in his veto message that he recognizes that it is a deeply personal matter, and he appreciates the thoughtful debate. However, he said he is "fundamentally and morally opposed" to the idea of state law enabling someone to take their own life - "even under tragic and painful circumstances."
Carney's action returns the bill to the House of Representatives. His second term as governor ends in January 2025.
There is already discussion about a veto override.
The longtime sponsor of the bill, Representative Paul Baumbach, D-Newark, is retiring at the end of his current term. Baumbach said in a statement Friday that all six Democratic leadership members in the House and Senate have supported the bill, and he's grateful that speaker Valerie Longhurst, D-Bear, has already voiced support for an override.
Governor John Carney's veto message to the House follows:
Pursuant to Article III, Section 18 of the Delaware Constitution, I am vetoing House Bill No. 140 with House Amendment 1 by returning it with my objections to the Delaware House of Representatives without my signature.
During my time as governor, and since this legislation was first introduced, I have consistently opposed a state law that would allow physician-assisted suicide. I have always recognized, and do today, that this is a deeply personal issue. Supporters and opponents alike have thoughtful views on the subject, in many cases informed by their own painful, personal experiences.
Over the past several years, I have listened to legislators, advocates, and constituents who have reached out to me and my team to share their views. I have also followed the action of the Delaware General Assembly, where this legislation passed by just one vote in the House and the Senate. I appreciate the thoughtful consideration of the legislation, and I recognize that the bill's sponsors made compromises in an attempt to limit abuse and protect vulnerable patients.
I still don't believe a firm consensus has been reached on what is a very difficult issue -- in Delaware or nationally. Last year, the American Medical Association reaffirmed its view that physician-assisted suicide is "fundamentally incompatible with the physician's role as healer." And although I understand not everyone shares my views, I am fundamentally and morally opposed to state law enabling someone, even under tragic and painful circumstances, to take their own life.
As I have shared consistently, I am simply not comfortable letting this piece of legislation become law. For the reasons set forth above, I am hereby vetoing House Bill 140 with House Amendment 1 by returning it to the House of Representatives without my signature."
Baumbach's full statement follows:
"I am profoundly disappointed by the outgoing Governor’s decision to veto HB 140, a bill that would give terminally ill adults the right to make their own decisions about their final days without government intervention.
"The final days of a dying individual should not be dictated by the personal beliefs of one individual, instead, our laws must reflect the wishes of the overwhelming majority of Delawareans who support this fundamental right. What disappoints me most is that Governor Carney inserts his personal views above those of the hundreds of thousands of Delawareans he represents.
"We have worked on this legislation in good faith for over a decade, taking great care to ensure HB 140 includes the necessary safeguards and protections for all involved, protections that have proved effective in states across the country where this is legal, including New Jersey.
"During that time, numerous advocates, including Ron Silverio and Heather Block, dedicated their last months to advocating for this legislation, and tragically passed without this basic end of life option. But we still have the chance to ensure that in the future, terminally ill patients have the freedom to decide what the end of their life will look like, guided by their own values and wishes, not by government restrictions.
"While this veto is a setback, we have overcome setbacks like this for a decade, and I will continue to fight for the rights of those confronting terminal prognoses to make their own choices about their life, their suffering, and their final moments. To determine next steps, I am in communication with House and Senate Democratic Leadership, all six of whom have been fully supportive of HB 140. I am particularly grateful to Speaker Longhurst, who has already voiced her support for a veto override."
Senate President Pro Tem David Sokola, D-Newark, Majority Leader Bryan Townsend, D- Bear, Newark, and Majority Whip Elizabeth "Tizzy" Lockman released this statement:
We are deeply disappointed with Governor Carney’s decision to veto House Bill 140, legislation that would give informed adults experiencing the final stages of a terminal illness the option to seek medical assistance that would end their pain and suffering in a humane, dignified, and regulated manner.
This bill addresses the complex needs of Delawareans during what is often the most challenging and delicate time in their lives. HB 140 was crafted diligently by our retiring colleague Rep. Paul Baumbach, who spent nearly a decade thoughtfully working with advocates and experts to develop strong safeguards and protections around this life-and-death matter. The final legislation that passed both chambers restricts eligibility to a narrow population of Delawareans who would otherwise suffer needlessly without the compassionate relief that this bill provides. We applaud Rep. Baumbach’s dedication to ensuring his legislation would bring comfort to Delaware families during their most trying times.
We contrast Rep. Baumbach’s admirable, comprehensive approach with Governor Carney’s veto statement, in which the Governor expressed his personal misgivings while selectively quoting just one side of the debate within the American Medical Association community. The AMA had established multiple sub-groups to discuss and debate the increasingly popular framework of end-of-life options and yet Governor Carney selectively quoted the only AMA sub-group that opposed this framework. Medical practitioners increasingly support this legislation, as the Senate heard very clearly from the Delaware Nurses Association and Delaware hospice providers, as well as the group within the AMA that Governor Carney chose to disregard entirely.
While we are frustrated with Governor Carney’s decision to veto House Bill 140 and paint an incomplete picture of such a profound issue, we know our feelings on the matter in no way match the disappointment and pain of the terminally ill patients and their families who hoped to have greater autonomy over their final health care decisions with this legislation.
Whether via a veto override in 2024 or via new legislation in 2025, there will come a day soon when this legislation becomes law, and Delawareans are afforded the respect and support they deserve in their final stages of life. We are hopeful that the next Governor will embrace a renewed commitment of collaboration and partnership between Delaware’s executive and legislative branch and the broader community of stakeholders, so together we can do more to help Delawareans and respect their individual choices and liberties in all phases of their lives.