New York state lawmakers are expected to approve a bill that would give people with terminal illnesses the legal right to end their own lives, though it remains unclear whether Gov. Kathy Hochul would sign it into law.
The state Senate is scheduled to vote Monday on what’s known as the Medical Aid In Dying Act, which would allow patients to request a lethal prescription if they have an incurable diagnosis that leaves them with six months or less to live.
The state Assembly approved the measure in late April. Senate Majority Leader Andrea Stewart-Cousins, a Yonkers Democrat, said last week there was enough support in her chamber to pass the bill as well.
“Ultimately, the majority of the [Democratic] conference felt comfortable with providing options for people during difficult end-of-life times,” Stewart-Cousins said.
Hochul hasn’t said whether she supports the legislation, which would make New York the 12th state to allow medically assisted suicide in some form.
Supporters of the legislation, including family members who have watched loved ones suffer at the end of their lives, have spent years pushing for its passage. They have often lined the halls of the state Capitol in yellow shirts while asking lawmakers for their support, and argue the bill would permit people to die on their own terms instead of succumbing to illnesses that could rob them of their quality of life.
But opponents, including the state’s Roman Catholic bishops, see the measure as a moral affront that devalues human life and is ripe for abuse. They have been waging a furious last-minute lobbying push in hopes of flipping a senator or two to their side, which could decide the legislation's fate in what is expected to be a tight vote.
Robert Bellafiore, a spokesperson for the New York State Catholic Conference, which represents the bishops, said Monday’s vote is “the most morally profound and impactful, consequential vote these lawmakers will probably make in their entire careers.”
“If they have deep reservations, they should say so now instead of regretting forever that they didn't speak up when they had the chance,” Bellafiore said.
If signed into law, the bill would apply to any patient diagnosed with an “incurable and irreversible illness or condition” that, according to "reasonable medical judgment," is estimated to kill them within six months.
Two separate physicians must certify the patient is eligible for medically assisted suicide. If either determines the patient “may lack decision-making capacity” for any reason, they are required to refer them to a mental health professional for further evaluation. Otherwise, a mental health check is not required.
The patient would have to request a lethal prescription from their attending physician, and two witnesses must sign a declaration saying the patient signed the request voluntarily and without being coerced by anyone, according to the bill.
The witnesses have to be adults who either personally know the patient or checked their identification. They also cannot be a member of the patient’s family or someone who is set to receive an inheritance. The witnesses cannot own or be employed at a nursing home or similar facility where the patient receives care.
The Assembly approved the measure by an 81-67 vote in April — a relatively narrow margin, as bills require 75 votes to pass in the Democrat-dominated chamber.
Several high-profile Democrats voted against it, including Assembly Majority Leader Crystal Peoples-Stokes, a Buffalo Democrat, and Assemblymember Rodneyse Bichotte Hermelyn, who chairs the Brooklyn Democratic Party.
“My concern and opposition to this bill comes from the great risk of targeting vulnerable communities of color given the historical health disparities that they continue to face,” Bichotte Hermelyn said on the Assembly floor.
The bill is sponsored by Assembly Health Committee Chair Amy Paulin, a Westchester Democrat, and state Sen. Brad Hoylman-Sigal, a Manhattan Democrat who said he is confident the measure will pass. While advocating for the bill, lawmakers have shared personal stories about their own experiences with dying loved ones.
“ I think my colleagues have come to the conclusion that medical aid in dying isn't so much about ending a person's life but shortening their deaths,” Hoylman-Sigal said.
The bill is one of hundreds that lawmakers will consider in the final full week of the Capitol's annual legislative session. The state Senate is scheduled to wrap up later this week, while the Assembly is set to return for a couple days next week to complete its work.
