Massachusetts Death with Dignity Initiative


The Massachusetts "Death with Dignity" Initiative, also known as Question 2, appeared on the November 6, 2012 general election ballot in the state of Massachusetts as an indirect initiated state statute to allow physician-assisted suicide. The measure was filed with the Massachusetts Attorney General and would establish, according to those who filed the measure, an "Act Relative to Death with Dignity". The petition number for the initiative was 11-12, and was filed by Michael Clarke as "An Initiative Petition for an Act Relative to Death with Dignity".
The proposal was to allow terminally ill patients to be given lethal drugs. A terminally ill patient would be defined as a patient being given six months or fewer to live. The patient requesting the medication must be mentally capable to make medical decisions while consulting their respective doctors. Patients would be required to submit their request orally twice and witnessed in writing, and the initial verbal request must be fifteen days prior to the written request and second oral request. The patient's terminal diagnosis and capability to make health care decisions must be confirmed by a second doctor.
The proposed measure, according to the text, requires substantial compliance with these and other requirements. The text states: "A person who substantially complies in good faith with provisions of this chapter shall be deemed to be in compliance with this chapter."
The proposed act also allows blood relatives to participate in assisting the patient to sign up for the lethal dose, providing that one of the required witnesses on the lethal dose request form not be a patient’s relative by blood, marriage or adoption.
[|Supporters] argue that the measure would give terminally ill patients dignity and control over their deaths, and would alleviate suffering. [|Opponents] argue that the measure is morally wrong, and that beneficiaries of terminally ill patients could abuse the provisions presented by the proposal.
Voters blocked the measure by a thin margin in the November 6, 2012 general election, with 49% of voters for and 51% against.

Text of the measure

Ballot language

The ballot language of the measure reads as follows:

Support

Supporters

The following is information obtained from the supporting side of the initiative.

Opponents

The following is information obtained from the opposing side of the initiative:
The Committee Against Physician Assisted Suicide returned a $250,000 donation from a conservative Mississippi-based organization with anti-gay views in order to "keep the focus on the ballot question". The American Family Association was the largest single donor to the Committee Against Physician Assisted Suicide with the remainder coming mainly from religious organizations.

Polls

''John Kelly et al vs. Martha Coakley''

On May 17, 2012, over 60 Massachusetts voters including members of the disability rights group Second Thoughts filed a challenge before the Supreme Judicial Court against the measure, challenging the wording to the measure. On June 4, 2012, the claim was denied by Justice Cordy.
According to John Kelly, director of the Second Thoughts group, and who is listed in the title of the lawsuit, "The ballot language is clearly misleading. We want the voters of Massachusetts to know exactly what they are voting on this November."
The petition asks the Supreme Judicial Court to remand the language to Massachusetts Attorney General Martha Coakley and Secretary of State William Galvin with the requirement that they amend the language for clarity and accuracy.
The case docket can be read here.