Obama for America

Gerson Wrong on Obama and "Born Alive" Legislation

RHETORIC:"In the Illinois state Senate, he opposed a bill similar to the Born-Alive Infants Protection Act, which prevents the killing of infants mistakenly left alive by abortion." [Washington Times, 4/2/08]

REALITY: Obama Said He Would Have Supported Federal Born Alive Legislation, A Move Pro-Choice Groups Would Not Have Opposed Because It Made a Distinction Between a Fetus in Utero and Child That is Born

Obama Said He Would Have Supported Federal Born-Alive Legislation. The Chicago Tribune reported, "Obama said that had he been in the US Senate two years ago, he would have voted for the Born-Alive Infants Protection Act, even though he voted against a state version of the proposal. The federal version was approved; the state version was not. Both measures required that if a fetus survived an abortion procedure, it must be considered a person. Backers argued it was necessary to protect a fetus if it showed signs of life after being separated from its mother…the difference between the state and federal versions, Obama explained, was that the state measure lacked the federal language clarifying that the act would not be used to undermine Roe vs. Wade." [Chicago Tribune, 10/4/04]

NARAL Did Not Oppose Federal BAIPA Because of Its Clear Legal Difference Between A Fetus In Utero Versus A Child That's Born. NARAL Executive Vice President Mary Jane Gallagher said, "We, in fact, did not oppose this bill. There's a clear legal difference now between a fetus in utero versus a child that's born. And when a child is born, they deserve every protection that this country can provide them." [CNN, 8/5/02]

NARAL Statement: "NARAL Does Not Oppose Passage" of BAIPA.In a statement, NARAL said, "Consistent with our position last year, NARAL does not oppose passage of the Born Alive Infants Protection Act. Last year's committee and floor debate served to clarify the bill's intent and assure us that it is not targeted at Roe v. Wade or a woman's right to choose." [NARAL release, 6/13/01]

Major Difference Between State And Federal BAIPA: "The Federal One Stripped Out Any Language That Could Have Been Used To Challenge" Roe V. Wade. "Perhaps on no other issue is Keyes' rhetoric against Obama as harsh as on abortion. Keyes repeatedly accuses Obama of favoring 'infanticide' because of Obama's vote against the Born Alive Infant Protection Act. The failed measure would have required doctors to provide medical attention to fetuses born alive during a rare type of abortion procedure. Keyes pointed out a similar measure sailed through Congress. But there was a major difference between the state and federal versions: the federal one stripped out any language that could have been used to challenge the landmark Roe v. Wade abortion legalization decision. Despite that, Keyes continues to hammer Obama with the "infanticide" charge virtually daily on the campaign trial. Obama, who pointed out state law already required doctors to care for fetuses born alive during botched abortions, said he's "deeply offended" by Keyes' assertion because he knows it's false. Beyond that, Obama would have voted against the ban on late-term abortions that Bush signed - but federal judges since have put on hold - and Keyes would have voted for it." [Chicago Daily Herald, 9/20/04]