A ban on assisted suicide in Maryland took a major step toward becoming law yesterday, clearing the House after an emotional debate in which legislators discussed their experiences of confronting illness and death in their families.
The ban, making it a felony to aid in a suicide or suicide attempt, passed by a 78-54 vote, just seven votes more than necessary to approve legislation in the 141-member House. A tougher bill has already passed the Senate, and supporters are optimistic they will hammer out the differences before the close of the General Assembly session April 12.
The bill came to the House floor as Jack Kevorkian stands trial for first-degree murder in a Michigan case where the assisted-suicide advocate says he conducted a mercy killing. Some supporters of the ban say they want to eliminate the threat of a person like Kevorkian assisting suicides in Maryland.
"It provides assurance to the very vulnerable in our society that they won't be haunted by the specter of Kevorkian," Richard J. Dowling, of the Maryland Catholic Conference, said after yesterday's vote.
Other supporters of the ban have said they want to avoid the day when cost-conscious medical decision-making, rather than a patient's pleas for mercy, might hasten the deaths of people who want to live.
But some legislators pleaded with their colleagues not to "criminalize" doctors, and to consider the suffering of those elderly who might prefer to die with dignity.
Catonsville Republican Del. Donald E. Murphy talked of watching his father die of blood cancer for four years, and of how elderly citizens had "begged" legislators not to pass this ban.
"Assisting in a suicide is not something you do to a family member. It's something you do for a family member," Murphy said.
He also spoke directly to his Republican colleagues who advocate smaller government: "This is big government at its worst. Don't do this to your family, don't do this to yourself."
Supporters noted that assisted suicide is illegal in three dozen states and argued that it is a common-law crime in eight others, including Maryland. They said the bill will ensure that assisted suicide is illegal here, while still allowing doctors to ease patients' pain.
"The idea of the bill is to clarify the laws in Maryland, so that [doctors and family members] will know where the lines are," said Del. Ann Marie Doory, a Baltimore Democrat.
Under the House bill, anyone convicted of assisting a suicide or suicide attempt could be put in prison for up to one year, fined up to $10,000, or both. The Senate bill allows prison terms of up to three years and authorizes the revocation of a medical license. It also allows family members to sue for damages when someone aids a suicide or attempted suicide.
Sen. Norman R. Stone Jr., the Baltimore County Democrat who has pushed hard for the legislation for several years, said he found the weaker House bill acceptable, which improves chances for final passage later this session.
Gov. Parris N. Glendening has already said he would sign such legislation.
Pub Date: 3/25/99