As Governor Newsom considers SB403—a bill that would remove the sunset clause from California’s End of Life Option Act and make the law permanent—we’re reminded how far the state has come in protecting the right of terminally ill patients making deeply personal end-of-life choices.
Since its passage in 2015, California’s landmark law has survived legal challenges, been strengthened by thoughtful amendments, and helped thousands of people access medical aid in dying and other compassionate end-of-life options.
California’s Death with Dignity Law
On October 5, 2015, Governor Jerry Brown, a lifelong Catholic and former Jesuit seminarian, signed the End of Life Option Act into law after a period of profound moral reflection.
“In the end, I was left to reflect on what I would want in the face of my own death,” Brown wrote in his signing statement.“I do not know what I would do if I were dying in prolonged and excruciating pain. I am certain, however, that it would be a comfort to be able to consider the options afforded by this bill.”
With that decision, California became the fifth state to legalize physician aid in dying, granting terminally ill adults with a prognosis of six months or less the right to request a prescription for aid in dying medication. This law marked a milestone in patient autonomy and Death with Dignity, giving Californians more control over their end-of-life options and protecting the right to make informed physician-assisted dying decisions.
Defending the Medical Aid in Dying Law Against Legal Challenges
Almost immediately after the law’s enactment, opponents sought to dismantle it. The lawsuit Ahn, et al. v. Hestrin—filed on June 8, 2016, just one day before the law was to take effect—argued that the Act was unconstitutional because it had been passed during a special legislative session on healthcare.
In 2018, a Riverside Superior Court initially struck the law down, but advocates did not waver. The California Court of Appeal reinstated the law just weeks later, finding that the plaintiffs lacked standing and had shown no harm. After more than five years of litigation, the Court of Appeal dismissed the case in November 2021, affirming once and for all the constitutionality of the End of Life Option Act. This dismissal was a major victory for Californians seeking physician assisted dying as a safe and legal end-of-life choice.
Strengthening and Expanding the End of Life Option Act
California has not only protected its aid-in-dying law—it has improved it.
- 2018 (AB282): Governor Brown signed an amendment to protect patients and healthcare providers from prosecution when acting within the law.
- 2021 (SB380): Introduced by Senator Susan Eggman, this amendment streamlined the process by reducing the waiting period between requests from 15 days to 48 hours and eliminated the final attestation form. This change made access to physician aid in dying more practical and timely for individuals exercising their right to end-of-life options.
The Next Chapter: Making California’s Medical Aid in Dying Law Permanent
Today, California stands on the brink of another historic step. SB403, passed by both the Assembly and Senate, would make the End of Life Option Act permanent by removing its 2031 sunset provision. Governor Newsom’s signature is the final step needed to ensure that Death with Dignity remains a lasting option for Californians.
But this outcome isn’t guaranteed. Protecting Death with Dignity in California depends on all of us. By speaking out, we can help secure this critical protection for terminally ill Californians—now and for future generations.
Take Action Today: Share this pre-written letter with your California community and ask Governor Newsom to sign SB403. Together, we can ensure that the right to a dignified end of life remains a permanent part of California’s values.