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HISTORY OF THE 2002 NEAR WIN
By Scott Foster,
Hawai`i Death With Dignity Society Communications Director

As often happens in my business as a political communications consultant, the dramatic 2002 Hawai`i Death With Dignity (DwD) saga began with a phone call on a peaceful day. My long-time friend and associate, Juliet Begley, was employed as Senior Research staff in the office of Hawaii's Governor, Democrat Benjamin J. Cayetano. Juliet was phoning to tell me that she had persuaded the Governor to again submit his DwD legislation. Through the years I have come to greatly respect and admire Juliet's canny research skills on tough issues and her focused tenacity and passion once she has fit all the pieces together. As the Governor had previously submitted DwD legislation that had "gone nowhere," and he was a lame duck in the last year of his second term, the socially-liberal Governor was a bit reluctant to do so again -- but he finally capitulated to Juliet's quiet, convincing encouragement. And so thanks to Juliet, the bill was once again in play and I had a new client.

As we had zero budget, Juliet and I agreed that I would call my friend, Hemlock Hawai`i President, Andi van der Voort to seek initial funding. Andi immediately cut a significent check and put me in touch with Hemlock's national leaders in Denver, Colorado who also joined in to help with the funding and to advise us on political strategy. Hemlock's Ryan Ross became an invaluable ally.

One of Juliet's earliest calls for help was to the Governor's office in Oregon, figuring who better could point to the type of strategic and political savvy Governor Cayetano would need. She was given the name of Eli Stutsman and the Oregon Death with Dignity Center, the organization that passed Oregon's law (in 1994 and again in 1997) and has successfully defended it against every court challenge. Juliet made contact with Executive Director Scott Blaine Swenson, and within hours we were working together on strategy. Key to the strategy was replacing the bill introduced by the Governor, a hodge podge of previous efforts, with a carefully-crafted bill Eli Stutsman modeled after Oregon's law and making it compatible with Hawai`i State Statutes.

Our work with the Oregon Death with Dignity Center was critical because they understood the value of providing quick financial and strategic support, excellent legal and political advice -- while maintining a supporting role to our local Hawai`i organization. This was particularly-important. Too often national groups come into a state seeking the spotlight (and credit). For this we owe a debt of gratitude to Hemlock's Ryan Ross, and to all of the folks at Oregon Death with Dignity; Eli, Scott, Jeana Frazinni (who traveled to Hawai`i to help us organize our grassroots effort), and to all the Oregon staff including the phone bank "kids" who understood how to provide the needed support for our unique Hawai`i effort. ODWD's contributions of nearly $80,000 in financial support, staff time and travel truly made our effort possible.

And so, with some funding in place and with great political resources, we were off and literally running. I would stress here that our success in seeing this legislation finally debated and passed by 30-20 by our House of Representatives -- and then dramatically pulled from the hands of an obstructive radical-religious Senate Health Committee Chair to the Senate floor for a full debate was achieved only because of the groundwork previously laid by the dedicated work of advocates such as Hemlock's Andi, the late HONOLULU STAR BULLETIN Editor, A. A. "Bud" Smyser (who was largely responsible for our Governor's Blue Ribbon Panel on Living and Dying with Dignity of 1997), the late Ruth Ellen Lindenberg and Folly Hofer -- and many other long-time advocates on the ground such as Ah Quan McElrath. "AQ" is a seasoned, articulate ILWU labor leader, and behind the scenes she was able to persuade many in our legislature to get onboard to see the legislation moved. Without her constant efforts, we would never have succeeded.

Our early-in-the-session poll results were key to setting the stage, with an amazing 72% of Hawaii's registered voters concurring. The media literally pounced on the information as the Ashcroft decision was imminent and that had blown the DwD story worldwide with Hawaii's effort connecting to the story. The poll was sponsored by The First Unitarian Church of Honolulu's Social Justice Council, and their Roland Halpern became a tireless and constant advocate. Halpern knew the issue and his strong verbal and writing skills proved invaluable and he became our lead media spokesperson. Halpern's writing was frequently published statewide and he participated during various radio and television programs and interviews. Halpern has since moved to Denver as an executive with Compassion In Dying.

HOW WE "DID IT" (nearly)
Hawai`i is a small state with over 40 first languages spoken; 1.2 million people on six islands and Christianity is a minority religion with Buddhists predominant. However, Gay myself, I watched the small, vocal religious right in Hawai`i become particularly fierce after organizing against the "Gay Marriage" issue that began in Hawai`i some years back. They were already on the ground when this session began as gambling was again being touted in Hawai`i, still one of only two states without -- with Utah being the other. This is no small coincidence, as the Mormon's have had a powerful presence in Hawai`i for over a hundred years. Many Mormon missionaries got very rich in the process of saving souls. In addition to being in control of numerous banks and large corporations, their many descendents write very-large checks to fund the defeat any offending issue.

As we were beginning with only a moments notice and "from scratch" as my native Oklahomans would say, I had very few communication database entries identified supporting the issue. Fortunately, Hemlock Hawaii's Andi van der Voort had a treasure trove of advocates' contact information - including two large petitions conducted three and four-year ago at Oahu's Senior Fair. Working non-stop, we soon had a qualified mailing list of some 2,000. A mailing was done with a return form and self-addressed envelope for corrections and soliciting all important email addresses and phone numbers. Within days and with all players contributing their own advocate data, we finally had a solid communications list. In the meantime, our Web site had been put online and we were able to begin the posting of what became an incredible world-wide free-media response to the issue. During the final weeks, our web site was logging 7,000 to 9,000 hits a day.

THE FINAL DAYS AND AFTER
Securing the services of a veteran local lobbyist, we were able to quietly identify the votes needed to pull the bill from the Senate Health Committee. When the actual vote came to pull the bill, the radical right was rudely awakened by our quiet effort and all hell immediately broke loose. With a 24-hour mandated waiting period between the successful vote to pull and its Second Reading vote to pass - and the all important final reading, we knew that some slippage might occur. For the following 24 hours, the legislature was virtually inundated by contrived but well-focused calls from mainland radical right organizations and we could hardly match their force. But indeed their efforts backfired in some respects as many legislators were angered by this outside meddling. At least two Senators were verbally "threatened," with one chastising the local radical right leadership peering down from the Senate Gallery.

While we indeed lost in the end by only three votes (14 - 11), we accomplished much. The important public education aspect of this timely issue was moved light-years ahead and the legislators too became much better educated about the issue. With the elections now looming, the DwD issue will no doubt be on every candidate's and news reporter's mind and the continuing dialog will hopefully assist us to elect more supportive legislators -- and with some luck, another supportive Governor.

After our "loss," I was often asked exactly how we "did it." While we indeed had many lucky breaks, moving this or any other issue through a state legislature requires the participation of both seasoned political activists and the all-important grass roots political neophytes; individuals who believe in a cause and who are willing to "do something" -- and who indeed will participate, if only they can in a timely fashion know "what" and "when." Other key ingredients included a supportive newspaper editorial board or two, many willing to write "letters to the editor," and a coalition of organizations such as:

  • Hawaii Advocates for Consumer Rights,
  • American Civil Liberties Union
  • First Unitarian Church of Honolulu,
  • Free Thinkers Maui,
  • Hemlock Society Hawai'i,
  • Humanists Hawai'i, and
  • the Kokua Council (of Seniors).

Our effort was also supported by many members of Hawaii's medical and legal communities, several highly regarded members of the Hawai'i League of Women Voters, the Drug Policy Forum of Hawai'i, and the Governor's Blue Ribbon Panel on Living and Dying with Dignity. We identified churches and ministers, brave doctors and nurses who would stand up to educate their peers, and a few supportive legislators who would champion our legislation.

Perhaps our greatest victory is that the DwD debate in our small island state has finally moved well beyond the religious zealots carping about the Netherlands "slippery slope." Pain management, end-of-life issues and Death With Dignity are now established issues of our time. At this point, every community that organizes to lobby and push will have played an important role in one day soon seeing DwD the law of the land. My own mantra is, "Organize, locate human and financial resources, and just do it." The issue is now out of the closet and the time is now. The Hawai`i bill is on our web site and I urge all who are interested to take a look at this landmark legislation.

POSTSCRIPT
In 2002, we had no way of knowing that our little drama playing out in Hawai`i was taking place in the very midst of an ongoing Machiavellian political situation within the large national right-to-die organizations and how the resulting chaos would ultimately impact our future efforts in Hawai`i. We will write more on this still-unfolding saga later but for now, we would refer the interested reader to the words of the original Hemlock founder and aclaimed author, Derek Humphry Final Exit ) HERE

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News Briefs

April 5, 2007
LOS ANGELES TIMES
EDITORIAL
Allow assisted suicide
California's lawmakers should pass a bill to give the terminally ill control over their lives.
FOR THE THIRD YEAR straight, a bill to grant terminally ill patients control of their final days by giving them access to lethal drugs is wending its way through the Legislature. For the third year straight, opponents have weighed in on moral and religious grounds, branding assisted suicide part of a destructive culture of death.
There is little that can be said to alleviate religious objections to a person being the author of his or her own death. Little, that is, except that giving people the power to end their lives does not impinge on those who would reject that power for themselves. MORE

March 18, 2007
HONOLULU STAR BULLETIN
When Hawaii's legislature narrowly rejected a proposal patterned after Oregon's Death With Dignity Act five years ago, opponents warned that it would lead patients to feel obliged to die and would cause a decline in the quality end of life care. Since then, Governor Linda Lingle has opposed the measures as a "slippery slope" that would lead to numerous acts of euthanasia.

The latest data from Oregon reveals that those fears have not come about. In the decade since the law went into effect, fewer than 300 patients have chosen to end their lives by taking doctor-prescribed drugs -- about one in a thousand of those diagnosed with terminal illness in that state.

Meanwhile, Oregon ranks among the nations' best states in end of life care, as the law has raised awareness about care for the terminally ill. Physician-assisted suicide in Hawai`i was set aside last month by a house committee, and a similar bill died in the senate. Meanwhile, the issue is being debated in California, Arizona, Vermont and Washington.
NOTE: This was a lead in to the excellent article, Oregon takes stock of 'right to die' law, originally published in the March 12, 2007, Christian Science Monitor. Read it HERE

Sunday, March 4, 2007
HONOLULU ADVERTISER
Hot-button hearings are proper -- and practical
By Jerry Burris
Public Affairs Editor
Over the past several weeks state legislators have held lengthy, emotional and ultimately fruitless public hearings on several hot-button issues. One was on so-called death with dignity, or physician-assisted suicide legislation. Another was on a proposal to legalize civil unions as a way for same-sex couples to gain the rights and responsibilities of a married couple. MORE

February 2, 2007
HONOLULU STAR BULLETIN
"Death with Dignity" deserves fair hearing
EDITORIAL
A bill to allow physician-assisted suicide has been introduced in the Legislature.
THE state Senate's narrow vote rejecting adoption of Oregon's Death With Dignity Act five years ago caused the issue to languish in the next two sessions. The U.S. Supreme Court's rejection of the Bush administration's challenge of the Oregon law should cause Hawaii to reconsider the legislation. MORE

January, 31, 2007
HONOLULU STAR BULLETIN
House panel to mull "Death with Dignity"
No further action is being scheduled for a similar Senate bill
By B.J. Reyes
bjreyes@starbulletin.com
A year after the U.S. Supreme Court upheld Oregon's physician-assisted suicide law, lawmakers in Hawaii plan to examine the issue once again. The proposal to allow competent, terminally ill adults obtain a lethal dose of medication to end their lives will be heard by the House Health Committee. Just as with past proposals, the bill specifically prohibits mercy killings, lethal injections and active euthanasia, and requires patients to provide informed consent. MORE

January 22, 2006
WASHINGTON POST
Assisted-Suicide Ruling May Affect Painkiller Cases By Marc Kaufman
Doctors who specialize in pain management and their advocates are hoping that last week's Supreme Court decision upholding Oregon's assisted-suicide law will boost their efforts to defend colleagues accused by the government of illegally prescribing narcotic painkillers to their patients. MORE

January 19, 2006
HONOLULU ADVERTISER
EDITORIAL

We must help those facing the end of life. No questions inspire public passion - with usually divisive effects - more than those concerning the beginning and ending of life. MORE

January 18, 2005
HONOLULU STAR-BULLETIN
Our Opinion

Legislators should reconsider 'death with dignity' bill
THE ISSUE The U.S. Supreme Court has upheld Oregon's physician-assisted death law. THE U.S. Supreme Court's rejection of the Bush administration's absurd challenge of Oregon's Death With Dignity Act came as no surprise. The high court had ruled previously that decisions on whether to allow or ban physician-assisted death should be left to states. Hawaii should take the opportunity to approve legislation similar to Oregon's law. MORE

Tuesday, March 8, 2005
HONOLULU STAR-BULLETIN
OUR OPINION
"Death with dignity" could find impetus elsewhere
THE ISSUE
Physician-assisted suicide is being considered by California and Vermont legislatures and is before the U.S. Supreme Court. MORE

2003 - 2004 MEDIA ARCHIVES HERE




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