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NASHVILLE (BP) – The Ethics & Religious Liberty Commission (ERLC) is voicing its opposition to a Delaware law which legalizes physician-assisted suicide for terminally ill patients.
The law, known as the End of Life Options Act (EOLOA), allows a patient to request life-ending prescriptions from a doctor and self-administer those drugs to take their own life. Delaware is one of 13 states (along with Washington, D.C.) that have similar laws permitting physician-assisted suicide for terminally ill patients.
The ERLC filed an amicus brief Feb. 27 alongside several other organizations in Curran v. Governor of Delaware, a lawsuit against Delaware Gov. Matthew Meyer and other leading health figures in the state.
The lawsuit, filed Dec. 8, 2025, was submitted by a quadriplegic man named Sean Curran and argues the law is discriminatory because it imposes barriers for individuals with disabilities and other vulnerable people by denying them their rights for due process and federal disability protections. The plaintiffs (which include Curran and a host of other organizations) further allege the law puts the health care system and insurance companies in the position of attempting to quantify disabled patients’ quality of life and subjectively offering services accordingly.
The ERLC’s brief supports Curran, arguing that instead of protecting an individual’s constitutional right to life, Delaware’s law infringes upon that right by giving doctors permission to enable patients to commit suicide.
“What Delaware and other states across the country are doing not only undermines the God-given dignity of image-bearers facing terminal illness or disability, but also violates the fundamental constitutional and legal protections from such government actions,” said ERLC Policy Associate Tim Mackall. “As the ERLC argues in this brief, physician-assisted suicide violates due process rights and the right to be shielded from government-imposed threats to people’s lives. In Mr. Curran’s case, Delaware is wrongfully infringing upon these rights on the basis of his disability. …
“The ERLC is committed to adamantly opposing the concerning normalization of physician-assisted suicide in America. Just as we recognize the value and worth of preborn lives, we must advocate for those nearing the end not to be pressured or swayed into self-murder.”
When Delaware’s EOLOA was signed into law by Meyer on May 20, 2025, Delaware became the 11th state to pass such a law. Lawmakers worked for years to pass the legislation, even passing it in both the House and Senate before it was vetoed by former Gov. John Carney in 2024.
Under the law, an individual can qualify for physician-assisted suicide by being at least 18 years old, a resident of Delaware, deemed mentally competent and having a prognosis of less than six months to live from a doctor.
Furthermore, the patient must:
- Receive the same prognosis from two different health care providers.
- Make a written request to their doctor about seeking physician-assisted suicide.
- Make two oral requests at least 15 days apart.
Many believe the law disparately impacts people with disabilities and other terminal illnesses.
In late December, the district court in Delaware threw out Curran’s case, arguing that physician-assisted suicide is entirely voluntary and the EOLOA contains sufficient safeguards to ensure it is administered only to eligible patients. The plaintiffs quickly appealed the dismissal to the 3rd Circuit Court of Appeals, where the ERLC and others filed their brief.
A decision from this court could come sometime this year. From there, it would be returned to the district court or appealed to the U.S. Supreme Court.
Physician-assisted suicide laws have been on the rise in recent years, with three states legalizing the procedure in 2025 alone.
The 13 states in which the procedure is legal are Oregon, Washington, Montana, Vermont, California, Colorado, Hawaii, New Jersey, Maine, New Mexico, Delaware, Illinois and New York.
Physician-assisted suicide was first legalized in Oregon in 1994.
Then in 1997, physician-assisted suicide advocates challenged Washington’s previous ban on the procedure at the Supreme Court. The High Court ruled in Washington v. Glucksburg(and companion case Vacco v. Quill) that a state ban on physician-assisted suicide does not violate a mentally competent terminally ill patient’s right to due process.
The unanimous decision said the right to physician-assisted suicide is not a fundamental liberty protected by the U.S. Constitution and that its practice is offensive to our national traditions. Washington’s ban, according to the court, was rationally related to the state’s legitimate interest in protecting medical ethics, shielding disabled and terminally ill individuals from prejudice, and protecting human life.
Just over 10 years later in 2008, Washington voters approved the “Death with Dignity Act,” a law striking down the state’s ban on physician-assisted suicide. The law was enacted in 2009, making Washington the second state after Oregon to legalize physician-assisted suicide. The remaining 11 states and Washington, D.C. have all passed laws permitting the procedure since that time. Many more states are currently debating similar legislation.
Despite the legitimate interests referenced in the High Court’s decision originally upholding Washington’s ban on the procedure, the court has left the issue up to the states and has yet to strike down a state law which permits physician-assisted suicide.
Southern Baptists have long opposed the legalization of physician-assisted suicide, passing a resolution in 1992 rejecting “as appropriate any action which, of itself or by intention, causes a person’s death,” including through “euthanasia or assisted suicide.”
The American Medical Association also notably opposes physician-assisted suicide because it is incompatible with the doctor’s official oath promising to “do no harm.”
Katy Roberts, ERLC senior policy manager, emphasized that physician-assisted suicide is a crucially important issue in the fight for the sanctity of life.
“Physician-assisted suicide is not a pro-life issue that dominates national news headlines, but 14 additional states are considering legislation on the issue as we speak,” Roberts said.
“While assisted suicide for terminally ill patients may not be expressly legal in your state, no state expressly prohibits it. There is no federal ban, and there seems to be the opposite of a cultural hesitation toward the practice. It’s clear that a culture of death is spreading under the surface, and it’s an issue we cannot ignore on the national stage.
“Southern Baptists affirm that all human life is valuable, from conception to natural death. This includes the elderly, the vulnerable and those with mental health challenges, terminal illnesses and disabilities. The ERLC was glad to sign onto this amicus brief as a signal that Southern Baptists affirm the sanctity of life of all humans, regardless of age, stage or ability.”
