Obama and 'Infanticide'

However, Obama has said several times that he would have supported the federal version of the bill, which passed by unanimous consent and which President Bush signed into law Aug. 5, 2002, because it could not be used to challenge the Supreme Court's Roe v. Wade decision granting a legal right to abortion. On Aug. 16, the candidate repeated that again to David Brody of the Christian Broadcasting Network. He also prefaced his remarks with an attack on those who said he had misrepresented his position on the state bills, saying they were "lying."

CBN Correspondent David Brody: Real quick, the born alive infant protection act. I gotta tell you that's the one thing I get a lot of emails about and it's just not just from Evangelicals, it about Catholics, Protestants, main – they're trying to understand it because there was some literature put out by the National Right to Life Committee. And they're basically saying they felt like you misrepresented your position on that bill.

Obama: Let me clarify this right now.

Brody: Because it's getting a lot of play.

Obama: Well and because they have not been telling the truth. And I hate to say that people are lying, but here's a situation where folks are lying. I have said repeatedly that I would have been completely in, fully in support of the federal bill that everybody supported – which was to say – that you should provide assistance to any infant that was born – even if it was as a consequence of an induced abortion. That was not the bill that was presented at the state level. What that bill also was doing was trying to undermine Roe vs. Wade.

Who's "Lying?"
NRLC objects. They point to evidence that SB 1082, the bill Obama voted against in committee, was amended to contain a "neutrality clause" that is identical to one contained in the federal law. (The Illinois government's legislative information Web site shows the proposed amendment, but doesn't give results for votes in committee. NRLC's documents show that the amendment was adopted.) Since he voted against the state bill, NRLC says, his claimed worry about Roe v. Wade is a smokescreen, intended to cover up his unconcern with the protection of infant lives.

In the NRLC white paper, Legislative Director Douglas Johnson writes that Obama "really did object to a bill merely because it defended the proposition, 'A live child born as a result of an abortion shall be fully recognized as a human person and accorded immediate protection under the law.' And it is that reality that he now desperately wants to conceal from the eyes of the public."

NRLC posted documents – which are so far undisputed – showing that  Amendment 001 was adopted in committee and added the following text: "Nothing in this Section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being born alive as defined in this Section." That wording matches exactly the comparable provision in the federal law.

The documents NRLC put out are a "Senate Republican's staff analysis" and a handwritten roll call confirming that the amendment was adopted. We contacted Patty Schuh, spokesperson for the Illinois Senate Republicans, who stated that both documents are genuine. We also contacted Brock Willeford, who was the staff aide whose name appears on the "staff analysis." He stated that he wrote the document immediately after the committee meeting and that he was in the room at the time of the votes. We asked Cindy Davidsmeyer, spokesperson for the Illinois Senate Democrats, about this. She declined to answer our questions but did not dispute Willeford's firsthand account.

A June 30 Obama campaign statement responding to similar claims by conservative commentator William J. Bennett says that SB 1082 did not contain the same language as the federal BAIPA.

Obama campaign statement, June 30: Illinois And Federal Born Alive Infant Protection Acts Did Not Include Exactly The Same Language. The Illinois legislation read, "A live child born as a result of an abortion shall be fully recognized as a human person and accorded immediate protection under the law." The Born Alive Infant Protections Act read, "Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being 'born alive' as defined in this section." [SB 1082, Held in Health and Human Services, 3/13/03; Session Sine Die, 1/11/05; BAIPA, Public Law 107-207]