Virginia legislators seek to become 12th jurisdiction to legalize medical aid in dying

RICHMOND, Va. (CN) — Virginia state Senator Jennifer Boysko held back tears and read a letter written by her friend U.S. Representative Jennifer Wexton, who suffers from progressive supranuclear palsy (PSP), in support of medically assisted death. 

"My husband Andrew and I were supposed to be getting to the good part of midlife as new empty nesters," Wexton wrote in the letter. "Instead, he will be a caregiver and we're looking at costly renovations to enable me to remain in our home when I can no longer walk. We will not enjoy a leisurely retirement a decade from now. There will be no scuba diving and Scrabble on the beach." 

For Wexton, her disease makes choices for her, like taking her ability to walk or talk or feed herself, but the 55-year-old wants the right to decide how she dies rather than the terminal disease.  

"There are 1000s of Virginia's dealing with terminal illnesses facing unthinkable challenges and choices because of these devastating health conditions," Wexton wrote. "That is why this legislation is so critical. It is a vital step allowing Virginians to gain the dignity, freedom and peace of mind we deserve in the face of a tragic terminal illness like mine." 

State Senator Ghazala Hashmi, Boysko and Delegate Patrick Hope, all Democrats, introduced legislation that would allow terminally ill patients to receive a self-administered controlled substance to end the their life. Virginia would become the 12th jurisdiction to allow medically assisted death, joining the likes of New Mexico and California along with the District of Columbia. 

"I know that this is a very complex, a very philosophical and ethical decision for many people," Hashmi, who has carried the bill the last three sessions, said. "I've also spoken to many constituents who have said they themselves are not sure if this is a decision that they will make at the point of having to decide what next steps they will take. But one thing that they ask is that they have the right to make that decision." 

National campaign strategist for Death with Dignity Geoff Sugerman was a part of the small group that wrote Oregon's Death with Dignity Act, the first law of its kind, in 1994. Sugerman said in an interview that when constructing the bill, they implemented safeguards to prevent abuse of the legislation.

First, an applicant must be qualified for hospice care, meaning they've been diagnosed with a terminal illness that will lead to death within six months as confirmed by two qualified health care providers. The applicant must be fully capable of making their own health care decisions as determined by doctors. They must also be acting voluntarily and are required to administer the life-ending medication themselves. 

"This legislation gives terminally ill people the ability to focus on living the last days of their lives fully, without worrying about what their death will look like," Compassion & Choices advocacy manager Melissa Stacy said at the press conference. "It gives them the freedom to not worry about whether or not they will die a horrible death." 

Religious institutions, namely the Catholic Church, have opposed the legislation, saying it goes against their teachings. Pope Francis spoke against medically assisted death while expressing gratitude for palliative care in 2022. 

"However, we must be careful not to confuse this help with unacceptable drifts towards euthanasia," Francis said. "We must accompany people towards death, but not provoke death or facilitate assisted suicide."

The Virginia Association of Centers for Independent Living also opposes the proposed bill. Instead, the group supports palliative sedation, a practice where the terminally ill are sedated for the last days or hours of their life before their disease ultimately kills them.  

"Assisted suicide will diminish already scarce support, increase the potential for coercion and end the lives of people simply because they have a disability," the group's advocacy coordinator Maureen Hollowell said in a statement. 

According to Susquehanna Polling & Research, nearly 8 out of 10 U.S. residents who self-identify as having a disability agree that medically assisted death should be legal for the terminally ill. Along with Virginia, 17 other states, including Florida and New York, are considering bills to legalize the practice this year. 

Sugerman said one of the demographics particularly passionate about the issue is elderly Republican men. 

"These are people who are used to being in control of their lives throughout their entire existence," Sugerman said. "They are allowed to make decisions themselves, and here at the end of their lives, we have states that say 'No, you can't.'" 

The bills have language that allows doctors and pharmacies to opt out of providing the medication should they personally object. Sugerman said insurance companies typically do not cover the expenses and the medication, usually a combination of several drugs administered orally, can be up to $2,500. 

"It's heartbreaking to watch a loved one struggle through the pain and suffering and trauma that comes with a terminal disease," Wexton wrote. "Individuals and families across Virginia should be able to make a decision that is best for each of us in such difficult circumstances."

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit