To save lives, plaintiffs request emergency relief and stay on implementation of the law, slated to go into effect on Jan. 1

WILMINGTON, Del., Dec. 8, 2025 /PRNewswire/ -- A coalition of Delaware-based and national disability and patient advocacy organizations have filed a federal lawsuit challenging Delaware's End of Life Options Act, which establishes assisted suicide in the state. They allege that the law will violate core constitutional protections and federal civil rights statutes, including the Fourteenth Amendment's Due Process and Equal Protection Clauses of the U.S. Constitution, the Due Process of the Delaware State Constitution, the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act and the Affordable Care Act.

The plaintiffs — led by a Delaware citizen Sean Curran, the Freedom Center for Independent Living, Inc, located in Middletown, the Delaware chapter of ADAPT, and joined by the National Council on Independent Living, United Spinal Association, and the Institute for Patients' Rights — are asking the U.S. District Court to declare the law unconstitutional and to block its enforcement permanently. The suit argues that Delaware's assisted suicide statute will single out people with disabilities and other vulnerable individuals, placing them at risk of premature death rather than ensuring access to care, support and suicide prevention services. 

"The act devalues people like me," said Curran, a Delaware resident who suffered a severe spinal cord injury 36 years ago and is a quadriplegic. "I have led a full life despite my disability. The act tells people like me that they should qualify for suicide help, not suicide prevention. I find such discrimination utterly repugnant."

The suit highlights alarming consequences of the law's implementation, including its ability to be applied to individuals with non-terminal conditions like anorexia, spinal cord injuries, and other disabilities that may bias health care providers. The legislation will go into effect Jan. 1 or when regulations are finalized – which makes it highly likely that the law will be implemented before any regulations are put into place. This clear lack of guardrails and safeguards increases the stakes for vulnerable patients already facing subjective criteria.

Advocates argue that the law sets a dangerous precedent by allowing physicians to make life-or-death judgments in cases where outcomes are uncertain. For individuals with anorexia and similar diagnoses, treatment success cannot be predicted, and labeling these patients as "terminal," hopeless, and beyond help denies them the opportunity for healing. 

Ted Kittila of Halloran Farkas + Kittila LLP, Plaintiffs' counsel, noted for those in the disability community, assisted suicide represents a real threat of continued discrimination. He said: "This lawsuit seeks to stop Delaware's ill-considered law which will cause real harm to people who need real help."

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SOURCE Institute for Patients' Rights