Connecticut Legislative Office Building in Hartford. Photo: Google

Attorneys are watching as Connecticut weighs becoming the ninth state in the country to adopt an "aid-in-dying" law.

But ethics expert Audrey Chapman is looking on with special interest.

For Chapman, a professor of medical ethics at the University of Connecticut Health Center, the issue is not just an ethical or legal matter—it's personal.

Chapman, who favors Connecticut's proposed assisted-suicide bill, said her sister-in-law decided how to end her life about a year ago in Colorado, where assisted suicide is legal. Her relative had just weeks to live, and was in a lot of pain.

"For people who are often in that situation, it's not about a matter of trying to prolong their life," Chapman said. "Rather, it prolongs their death and suffering."

But lawyers expect challenges, as the state Legislature plans to hold public hearings by March on the 2020 version of the bill, which came out of the Public Health Committee late Friday.

Day Pitney partner Brad Gallant, who has worked on trusts and estates for more than 30 years, said the ethical concerns vary—leaving attorneys bracing for uncertainty. For instance: What happens if a third party wants to assist in taking someone's life for financial gain?

Gallant supports the right to assisted suicide, calling it "an issue of fundamental individual liberty."

 

Expect pushback

Longtime Connecticut attorney Audrey Blondin, who opposes the proposed law, expects a legal battle, if the measure passes.

"If this becomes law, I foresee a time where a group would get together and challenge the legality of the right to assisted suicide in court. I absolutely see that," Blondin said. "It would probably go to Superior Court and move its way up the ladder to the state Supreme Court, just as happened with the death penalty."

In the same way, the fight could jump from the state to the U.S. Supreme Court, which has ruled the death penalty constitutional.

Chapman also sees red flags for the legal and medical professions.

"Another important ethical concern is what kind of care a patient has, and whether or not there have been competent efforts to have a physician reduce the pain," Chapman said. "One would not want a patient to make a decision because they can't get appropriate medical care."

The Connecticut bill, which passed through the state's Public Health Committee 12-9, is fashioned after legislation in states that have aid-in-dying laws in place, according to Mary Abrams, co-chairwoman of the committee. California, Colorado, Hawaii, Maine, New Jersey, Oregon, Vermont, Washington and the District of Columbia all have such laws. But a similar bill has failed in Connecticut numerous times in recent years.

The next step is a public hearing and vote, no later than March 27. The bill would then need the support of the majority of the legislators, and Gov. Ned Lamont would need to sign off on it for it to become law.

Under the current iteration, Abrams said the Connecticut legislation contains language that only people who have six months or less to live would qualify for assisted suicides. Plus, the patient would  have to provide written and verbal consent, must be in extreme pain, and must have two doctors sign off on the decision. The death would then proceed via a liquid drug, Abrams said.

But opposition will be strong and fierce, Chapman believes.

"I see pushback across the board, not only from the Roman Catholic community, but from many others," Chapman said. "The law in most states is in favor of trying to maintain life. Obviously, this law would contradict that. There will be a lot of opposition for both religious and ethical reasons."

Blondin agrees.

"I can respect the argument of a person's right to self-determination but, again, I do not believe that outweighs the duty to take someone's life," she said. "I think you will see an immediate mobilization of the Catholic Church and many other religious lobbies to oppose this, much the same way groups mobilized against legalizing marijuana."

But Abrams, who supports the legislation, doesn't anticipate its broad application.

"The people who will avail themselves of this option if this becomes law would be quite small," she said. "It gives people peace of mind, and control over their own situation. It also gives them comfort to know that they ultimately have that control."