physicianaidindying.com
A website
addressed to the religious community
advocating the legalization of
physician aid in dying
in limited circumstances
with strict safeguards
(Links are printed in red in the text
and at the end of the document for further information.
These links were not part of the original documents)
An Example of United Church of Christ Polity at Work:
January, 2006: A local church approves a proposal
May, 2006: A Conference affirms the proposal in a Position Statement
December, 2006: The Conference submits a proposed Resolution to
General Synod
June, 2007: The General Synod amends the resolution and calls
for a study
2008: A Task Force gathered by Justice and Witness Ministries
begins a study
January, 2009: Another Conference submits a similar proposal
to General Synod, which is referred to the ongoing study
December, 2009: Task Force completes its study, having
prepared a Study Guide on an expanded range of issues
Lent, 2010: A UCC-wide study begins entitled
Introduction
The United Church of Christ is a denomination which has a long history of speaking out on issues of justice, peace, compassion, inclusion and empowerment.
January, 2006: A local church approves a proposal
In January, 2006, the Congregational Church of Belmont – United Church of Christ, Belmont, California at its annual meeting passed unanimously a proposal in favor of “Legalization of Physician Aid in Dying in Limited Circumstances.” The proposal as approved stated:
“On the grounds of compassion and choice, if strict safeguards to prevent abuse are followed, a terminally ill, mentally competent adult should have a legal right to request and receive medication from a willing physician to hasten death if the patient finds his or her suffering to be unbearable.”
The church also voted to forward this statement, together with supporting documents, to the Northern California Nevada Conference of the United Church of Christ with the request that if affirmed by a vote of the Conference, it be submitted, as approved by the Conference, as a proposed resolution to General Synod XXVI, meeting in June, 2007.
May, 2006: A Conference affirms the proposal in a Position Statement
Here is the proposal as submitted by the Belmont church to the Northern California Nevada Conference:
PROPOSED POSITION STATEMENT
Northern California Nevada Conference
United Church of Christ
Annual Meeting, May, 2006
Name of Proposing Group:
Congregational Church of Belmont - United Church of Christ
751 Alameda de las Pulgas, Belmont, CA 94002
650/593-4547
Title of Proposal:
Legalization of Physician Aid in Dying in Limited Circumstances
Type of Proposal:
Position Statement
Brief Statement of Purpose:
To facilitate discussion and action on the Position to be Voted by delegates to the 2006 Annual Meeting of the Northern California Nevada Conference of the United Church of Christ and, if approved by the conference, to be submitted for consideration by General Synod of the United Church of Christ in 2007.
Position to be Voted:
"On the grounds of compassion and choice, if strict safeguards to prevent abuse are followed, a terminally ill, mentally competent adult should have a legal right to request and receive medication from a physician to hasten death if the patient finds his or her suffering to be unbearable."
"If affirmed by vote of The Northern California Nevada Conference, this Position Statement, as adopted, will be submitted by the Conference as a proposed resolution to General Synod XXVI."
(There followed a “Background Statement and Theological Rationale” which in a shorter revised form was included in the submission by the Northern California Nevada Conference as a proposed Resolution to the Twenty-sixth General Synod in 2007 – see below. To read this longer statement provided by the Congregational Church of Belmont go to this link: Original “Background Statement and Theological Rationale”
By an overwhelming vote delegates to the annual meeting of the Northern California Nevada Conference of the United Church of Christ on May 20 passed this Position Statement.
December, 2006: The Conference submits a proposed Resolution to General
Synod
Below is the full text of the Northern California Nevada Conference’s Proposed Resolution to General Synod, including “Biblical, Theological, Ethical Rationale and Expected Outcome” and in the form required for proposed General Synod resolutions. It was available in this form on the United Church of Christ website through the six months prior to the General Synod meeting in June, 2007. (Only the resolution as revised and approved by General Synod is still available on the UCC website, so this may be the only publicly available place to see the entire Proposed Resolution of Witness as originally proposed to General Synod)
PROPOSED RESOLUTION OF WITNESS:
“Legalization of Physician Aid in Dying”
Submitted by: The Northern California Nevada Conference, by action of the Conference Annual Meeting, May, 2006.
Submitted to the Office of General Ministries, December 29, 2006.
SUMMARY OF RESOLUTION
This Resolution calls upon Local Churches to study and discuss the issues surrounding physician
aid in dying, and encourages Local Churches, Conferences, the General Minister and President,
and Justice & Witness Ministries to advocate for state legislation to legalize physician aid in
dying in limited circumstances. Although The United Church of Christ has dealt with “The
Rights and Responsibilities of Christians Regarding Human Death” at General Synod IX (1973)
and General Synod XVIII (1991), physician aid in dying has not been addressed.
BIBLICAL, THEOLOGICAL, ETHICAL RATIONALE; EXPECTED OUTCOME
Life is a precious gift from God. Life is sacred.
People of all faith communities agree with the affirmation of the sacredness of human life. “God
created humanity in God’s own image....male and female God created them....And God saw
everything that God had made, and behold, it was very good.” (Genesis 1:27,31) “When I look
at thy heavens, the work of thy fingers, the moon and the stars which thou hast established; who
are we that thou art mindful of us, and our children, that thou dost care for them? Yet thou hast
made us little less than God, and dost crown us with glory and honor.” (Psalm 8:4-5)
God intends that created life be more than simply the existence of a human organism. The
Gospel of John reports Jesus as saying, “I came that you might have life, life in all its fullness”
(John 10:10 - Good News Bible).
But life is also a perishable gift. Mortality is universal. “There is a time to be born and a time to
die....” (Ecclesiastes 3:2) Death is a mystery. Faith sees it as a door into another room in God’s
house. In the mystery of life and death, Christians take heart in words attributed to Jesus: “In my Parent’s house are many rooms.... I go to prepare a place for you...that where I am you may be also.” (John 14:2,3) “Because I live, you will live also.” (John 14:19)
“God is love.... We love because God first loved us.” (I John 4:8,19) Jesus summarized the Law
and the prophets: “You shall love God with all your heart, all your mind, all your soul and all
your strength. And you shall love your neighbor as yourself.” (Mark 12:30-31)
Compassion - love acted out - flows from the heart of God. Compassion, mercy, lovingkindness:
we are called upon to live out these attributes of God with one another. It is the spirit in which
the Samaritan ministered to the traveler left half-dead on the Jerusalem-Jericho road in Jesus’
parable. (Luke 10:25-37)
When mortal life on earth is inevitably ebbing, when death is imminent, what then?
All people are God’s precious children, from the beginning of life to life everlasting.
Wherever we go, whatever life brings, God is always there. God leads us, sustains us, is ever
with us. (Psalm 139:7-12)
When the end of life on earth is near, compassion will offer the best possible palliative care and
pain management by physicians, nurses, family members, hospice workers and others.
Compassion will offer spiritual support from family members, clergy, church members and
friends.
Through such compassion, most persons will experience death, usually with reluctance (for the
will to live often remains strong) but peacefully - a transition to the next stage of eternal life.
However, some persons will experience end-of-life pain or other suffering to be excruciating at
the end.
.
Many persons, because of their religious beliefs or for other reasons will nevertheless choose to
draw the last possible breath no-matter-what. That choice will remain for every person who
wants it.
Some others, when end-of-life suffering becomes unbearable, will decide that continued
existence on earth without hope or meaning is no longer “life in all its fullness;” in fact, it is no
longer tolerable. They may ask to have the choice of a peaceful release.
When the Northern California Nevada Conference considered these concerns, in May of 2006,
only in Oregon did persons have the peace of mind of knowing that this legal choice is also
available: to request and receive help in hastening their impending death. Oregon’s experience
has demonstrated that this is a rare choice. The will to live is the greatest safeguard there is.
However, thousands who will never use the law to hasten their own death are comforted to know
that this choice is legally available if they should be among the few who need it and want it.
We are co-creators with God, given free will, the ability to make compassionate choices.
Justice and protection of the most powerless, and therefore most vulnerable persons in society
are important concerns for Christians. Fears are often expressed that the very survival of these
persons will be endangered by any physician aid in dying legislation. There is no evidence in
seven years of reporting to the State of Oregon to substantiate any such fears. Safeguards insure
that any request must be totally patient- driven. Failing a terminal diagnosis by two physicians,
no person, including persons with disabilities, are eligible for physician aid
in dying.
In religious terms, this is an issue of free will and compassion. This is not “suicide”as this
pejorative word is generally construed. Suicide is usually a tragic, isolated, often violent act of a
depressed person whose life could go on with new hope. Physician aid in dying is the choice for
a carefully safeguarded, peaceful end of a life which is already in the process of ending. Current
laws which prohibit physician aid in dying favor those who believe it is immoral. Legalization to
allow physician aid in dying, in limited circumstances, would give equal (not preferential)
treatment to those who believe physician aid in dying can be a principled moral choice.
Rabbi Joshua Stampfer has noted, “Life has to have meaning to continue.... If you find meaning,
if there is hope, if there is purpose...you have got to keep going, no matter how terrible it is.
However, individuals who choose to use the law to end their lives reach that decision when there
is no purpose and no hope.... Most people will cling to hope until their last breath. Some decide
differently. What is most important... is for people to know they have a choice, and to enable
them to make the best end-of-life decisions for themselves....” (Compassion in Dying)
Catholic moral theologian Daniel Maguire has written, “Life is the good thing and the
precondition of all good things. Any decision to end it in any context, for self or for another,
must be slow, deliberate, and reverential. But the life that is good also bears the mark of the
tragic. There are times when the ending of life is the best that life offers.” (Death by Choice)
Episcopal Bishop John Shelby Spong asserts, “We are no longer simply children leaning on the
Deity with no responsibility except to embrace our destiny....
“If I have a medically confirmed incurable disease, and can bear the pain of that sickness only by
being placed into a kind of twilight zone, where I neither recognize the sweet smile of my wife
nor respond to the touch of her hand, do I not have the ethical right to end my life with medical
assistance? Can dedicated Christians step into this process and say we have now reached the
point in human development where we have not just the right, but the moral obligation, to share
life-and-death decisions with God?....
“The decision-making power should reside with the individual, who alone is to be granted the
legal right to determine how and when his or her life is to come to an end. That is how we will
surround death with the dignity that this ancient friend deserves.” (“Assisted Suicide: Christian
Choice and a New Freedom”)
As stated during a recent mediated dialogue on physician aid in dying, “Human suffering does not
admit of easy or risk-free solutions. It poses pressing and awesome challenges to efforts to
alleviate it. Suffering is a multifaceted reality and addressing it is conceptually and existentially
more complex than simply addressing pain. Suffering may pose such a horrifying burden on the
one suffering that for that person death may seem a higher value than the maintenance of life.
“Physician aid in dying may thus be a necessary ‘last resort’ measure to address the suffering of
another, not in place of but as one option within an array of needed palliative measures.”
TEXT OF RESOLUTION
WHEREAS life is both a sacred and a perishable gift from God;
AND WHEREAS God intends that created life be more than simply the existence of a human
organism (John 10:10);
AND WHEREAS faith sees death as a door into another room in God’s house (John 14: 2,3,19);
AND WHEREAS compassion—love acted out—flows from the heart of God and through God’s
children (Luke 10: 25-37);
AND WHEREAS from the beginning of our lives to life everlasting, God leads us, sustains us,
and is always with us (Psalm 139: 7-12);
AND WHEREAS medical technology, pain management and palliative care have made great
advances, yet some persons still face intolerable suffering during a terminal illness;
AND WHEREAS General Synod IX and General Synod XVIII both passed end-of-life choice
resolutions entitled “Rights and Responsibilities of Christians Regarding Human Death,” which
did not address the issue of physician aid in dying;
AND WHEREAS other faith communities have addressed end-of-life issues over the past 20
years;
AND WHEREAS Oregon in 1997 passed a “Death with Dignity Act” permitting a mentally
capable, dying adult to request and receive from a physician a prescription to hasten death if the
patient finds his or her suffering to be unbearable, but only if strict and specific safeguards are
followed;
AND WHEREAS in Oregon since 1997 there have been no incidents of abuse of this law, and its
use has been a rare choice, since the will to live is the greatest safeguard there is, yet thousands
who will never use the law to hasten their own death are comforted to know that this choice is
legally available if they should be among the few who need it and choose it;
AND WHEREAS The United States Supreme Court has affirmed Oregon’s right to have such a
law;
AND WHEREAS many physicians, religious leaders, dying patients and family members strongly
support physician aid in dying with strong safeguards to prevent abuse;
THEREFORE, BE IT RESOLVED THAT GENERAL SYNOD XXVI:
affirms that
On the grounds of compassion and choice, if strict safeguards to prevent abuse are
followed, a terminally ill, mentally competent adult should have a legal right to request and
receive medication from a willing physician to hasten death if the patient finds his or her
suffering to be unbearable;
calls upon
The General Minister and President to ask the Conferences and Local Churches
to study and reflect upon the issues surrounding physician aid in dying,
to communicate to our ecumenical partners and other faith communities, to the
electronic and print media, and to legislators and other political leaders the content of this
Resolution of Witness;
Justice and Witness Ministries to make available to Local Churches and
Conference/Association personnel, resources on the ethical dimensions of physician aid in dying
and strategies for legislative advocacy,
and to consult with the General Minister and President with regard to legislative leaders
to be contacted.
encourages
Conferences and Local Churches to advocate for state legislation to allow physician aid
in dying, in circumstances where compassion and ethics prevail.
FUNDING AND IMPLEMENTATION
Funding for communication from the General Minister and President will be made in accord with
the overall mandates of the Office of General Ministries and the funds available to OGM
Funding for the resources and strategies to be made available to Local Churches and
Conference/Association personnel will be made in accord with the overall mandates of Justice &
Witness Ministries and the funds available to JWM. Justice and Witness Ministries will be
responsible for developing the resources and strategies and making them available to Local
Churches and Conference/Association personnel.
June, 2007: The General Synod amends the resolution and calls for a study
When General Synod XXVI convened in Hartford, Connecticut in June, 2007, each proposed Resolution of Witness was assigned to a committee of Synod delegates to review and make recommendations to the full body to approve as submitted, to approve as revised in committee, or not to consider further. About 100 Synod delegates were assigned to review the resolution on “Legalization of Physician Aid in Dying.” They met for two sessions of approximately two hours each. A proponent of the resolution was given time to introduce the resolution, advocate in its favor, and engage in a question and answer time with the delegates and visitors present. Equal time was given to a speaker who wished to speak against the resolution as presented. It became clear by the end of the first session that there was not enough consensus among delegates that a do pass as proposed vote would prevail. The proponent of the resolution at the second session of the committee proposed that the resolution be amended to make it a study rather than an action resolution. This became the decision of the committee, with a group of members assigned to prepare the revised resolution for consideration by the Synod. In the final business session of the Synod, the resolution as amended was presented, briefly debated, and approved by a wide margin of the delegates.
Here is the Resolution as it was approved by the Twenty-sixth General Synod (from page 34 of the General Synod Minutes):
(It can also be accessed by going to the UCC website: ucc.org, choosing “Big Things,” then “General Synod,” then “Resolutions of past Synods,” and finally under “Twenty-sixth General Synod” choosing “Physician Aid in Dying.”)
6. RESOLUTION: LEGALIZATION OF PHYSICIAN AID IN DYING
Assistant Moderator Kevin Manz called upon Ms. Liza Torres, chairperson of Committee Six, to introduce the
resolutions from that committee.
Ms. Torres introduced the resolution “Legalization of Physician Aid in Dying” and moved its adoption, as amended by the committee.
Ms. Martha Jacobs (Chaplain) offered a friendly amendment adding “professional” before United Church of Christ
Chaplains. The amendment was accepted by the committee.
Rev. John Thomas (OHIO) posed a question to the committee chair, asking to support the study of the proposal. He then suggested a punctuation change as a friendly amendment. The change was accepted by the chair as part of the text.
Following additional discussion, Ms. Christina Kukock (MN) moved the previous question.
07-GS-36 VOTED: The Twenty-sixth General Synod votes to close debate on the resolution “Legalization of Physician Aid in Dying.”
07-GS-37 VOTED: The Twenty-sixth General Synod adopts the resolution “Legalization of Physician Aid in Dying,” as amended by the committee.
LEGALIZATION OF PHYSICIAN AID IN DYING
WHEREAS, life is both a sacred and a perishable gift from God;
WHEREAS, God intends that created life be more than simply the existence of a human organism (John 10:10);
WHEREAS faith sees death as a door into another room in God’s house (John 14: 2,3,19);
WHEREAS, compassion—love acted out—flows from the heart of God and through God’s children (Luke 10: 25-37);
WHEREAS, from the beginning of our lives to life everlasting, God leads us, sustains us, and is always with us (Psalm 139: 7-12);
WHEREAS, medical technology, pain management and palliative care have made great advances, yet some persons still face intolerable suffering during a terminal illness;
WHEREAS, the Ninth General Synod and the Eighteenth General Synod both passed end-of-life choice resolutions entitled “Rights and Responsibilities of Christians Regarding Human Death,” which did not address the issue of physician aid in dying;
WHEREAS, other faith communities have addressed end-of-life issues over the past 20 years;
WHEREAS, Oregon in 1997 passed a “Death with Dignity Act” permitting a mentally capable, dying adult to request and receive from a physician a prescription to hasten death if the patient finds his or her suffering to be unbearable, but only if strict and specific safeguards are followed;
WHEREAS, in Oregon since 1997 there have been no incidents of abuse of this law, and its use has been a rare choice, since the will to live is the greatest safeguard there is, yet thousands who will never use the law to hasten their own death are comforted to know that this choice is legally available if they should be among the few who need it and choose it;
WHEREAS, The United States Supreme Court has affirmed Oregon’s right to have such a law;
WHEREAS, many physicians, religious leaders, dying patients and family members strongly support physician aid in dying with strong safeguards to prevent abuse;
THEREFORE, BE IT RESOLVED that the Twenty-sixth General Synod calls upon the local churches, conferences, and Justice and Witness Ministries in consultation with UCC Disabilities Ministries, Council for Health and Human Service Ministries (CHHSM), UCC Professional Chaplains and Counselors, UCC Faith Community Nurses and Physicians to study the following proposal and report their views through Justice and Witness Ministries to the Twenty-seventh General Synod for further consideration and action:
That on the grounds of compassion and choice, if strict safeguards to prevent abuse are followed, a terminally ill and mentally competent adult should have a legal right to request and receive medication from a willing physician to hasten death if the patient finds his or her suffering to be unbearable.
FUNDING
Funding for the implementation of this resolution will be made in accordance with the overall mandates of the affected agencies and the funds available.
2008: A Task Force gathered by Justice and Witness Ministries begins a study
January, 2009: Another Conference submits a similar proposal to General
Synod, which is referred to the ongoing study
This action turned out to be a step which led to the formation of a Task Force established by Justice and Witness Ministries to engage in study and report back to the next General Synod. When another resolution, similar in many ways to the original version of the Twenty-sixth General Synod resolution was submitted by the Central Atlantic Conference for consideration at the Twenty-seventh General Synod, the Executive Council decided to fold that proposal into the study process already underway. The Central Atlantic Conference proposed resolution,containing additional material, including updating from when the 2007 resolution, can be found at this link, and also on pages 64-67 of the Minutes of General Synod 27.
Lent, 2010: A UCC-wide study begins entitled “Faithfully Facing Dying”
The Task Force convened by Justice and Witness Ministries met a number of times via conference call during 2008 and 2009, as well as conducting their work via e-mail. The current product of this extensive study process on a wide range of end-of-life issues is “Faithfully Facing Dying: A Lenten Study Guide on Critical Issues and Decisions for Members of the United Church of Christ,” proposed for use during Lent in 2010. The entire Study Guide is now posted on the UCC website (ucc.org). It can also be directly accessed by going to http://www.ucc.org/justice/health/faithfully-facing-dying/ or by googling “Faithfully Facing Dying.”
Great thanks to Justice and Witness Ministries for overseeing the Task Force which worked for nearly two years on preparing this tool to help congregations, associations and conferences in the United Church of Christ address a wide range of issues which need to be considered as each of us considers our own wishes in preparation for “faithfully facing dying.” Special thanks to Barbara Baylor, who staffed the Task Force on behalf of Justice and Witness Ministries, and to Rev. Martha Jacobs, editor of the Lenten Study Guide and author of a new book, A Clergy Guide to End-of-life Care (2010), See further information below.
Resources for further information:
Physician-Assisted Dying, The Case for Palliative Care and Patient Choice, edited by Timothy E. Quill, M.D. and Margaret P. Battin, Ph.D., Johns Hopkins University Press, 2004. Probably the best single source for a wide variety of perspectives sympathetic to the positive consideration of legalizing the option of requesting physician-assited dying.
Martha R. Jacobs, A Clergy Guide to End-of-life Care, (Cleveland: The Pilgrim Press, 2010). A new book that provides clergy with specific tools to help families navigate end of life issues and a graceful death. It offers a foundational understanding about end of life issues for clergy so that they can put their own issues around dying aside to assist others in charting their own course through life's end.
Compassion and Choices. A national non-profit organization offering a wide range of materials on choices at the end of life, including advocacy of llegalization of physician aid in dying in limited circumstances with strict safeguards to prevent abuse. Their website is www.compassionandchoices.org
Links related to information on this website:
This is the title of the proposed Lenten Study for 2010. It is subtitled, “A Lenten Study Guide on Critical Issues and Decisions for the members of the United Church of Christ.” The best way to access it is by googling “Faithfully Facing Dying.”
On this website (www.ucc.org) can be found the Resolution of Witness approved by General Synod XXVI in 2007, and also the proposed Resolution submitted by the Central Atlantic Conference to General Synod XXVII in 2009, which was referred to the Task Force already studying the 2007 Resolution.
Congregational Church of Belmont
This is a link to the website of the local church which in 2006 passed the proposal which was also approved by the Northern California Nevada Conference and became the resolution entitled “Legalization of Physician Aid in Dying” which was acted upon by General Synod XXVI in 2007. To access this website go to www.uccbelmont.org
Original “Background Statement and Theological Rationale”}
Central Atlantic Conference Proposed Resolution
A copy of the proposed Resolution on Physician Assisted Death submitted to General Synod XXVII in 2009 by the Central Atlantic Conference can be read at this link. It contains much helpful material not included in the same way in the 2007 resolution. It was not considered by General Synod XXVII. Rather it was referred to the Task Force studying the 2007 resolution and other end-of-life issues. It came out when that Task Force’s work was already well along. At the same time, it is helpful in its presentation of similar or new material in a cogent way. It is well worth reading.
General Synod IX and General Synod XVIII
These resolutions from General Synods in 1973 and 1991 were both entitled “The Rights and Responsibilities of Christians Regarding Human Death.” They indicate that the United Church of Christ has been concerned about end-of-life issues for over 30 years. The 2007 and 2009 Resolutions are a 21st century contribution to this continuing dialogue.
This link is to the text of the Oregon Death with Dignity Act, the only law in the United States (until 2008) which permits capable, terminally ill adults to request and receive physician aid in dying if strict safeguards to prevent abuse are followed. A reading of the bill will indicate how carefully this law was crafted. (In 2008 Washington State by Initiatie and Montana by Court order became two more states where physician aid in dying are now legal.)
A list of the safeguards contained in the Oregon Death with Dignity Act can be found here.
This link is to a California Field Poll released March 15, 2006, showing overall 70% of respondents support physician aid in dying. This is the highly respected California Poll which has been polling on this issue for 27 years. The headline on this report is “Continued support for doctor assisted suicide. Most would want their physician to assist them if they were incurably ill and wanted to die.” Results are broken down by religion, age, ethnicity, political affiliation and in other ways. This is similar to other polls, such as Gallup and Harris, in its findings.
A short article on why the word “suicide” is an inappropriate term to use for aid in dying.
An article from New Mobility Magazine which contains a debate from two leaders in the disabilities rights movement who have opposite views regarding whether physician aid in dying should be legalized in carefully safeguarded circumstances: Andrew Batavia and Paul Longmore are articulate spokespersons of their points of view, and illustrate the fact that there are widely divergent points of view within the disability rights movement.
Contact Person for this website: Rev. John Brooke
johnrbrooke@earthlink.net
(707) 322-2678
© physicianaidindying.com 2010