...As originally proposed, the 2003 state bill, SB 1082, sought to define the term "born-alive infant" as any infant, even one born as the result of an unsuccessful abortion, that shows vital signs separate from its mother. The bill would have established that infants thus defined were humans with legal rights. It never made it to the floor; it was voted down by the Health and Human Services Committee, which Obama chaired.
...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]
The statement was still on Obama's Web site as of this writing, Aug. 25, long after Obama had accused his detractors of "lying." But Obama's claim is wrong. In fact, by the time the HHS Committee voted on the bill, it did contain language identical to the federal act.
Same Words, Different Effect?
Obama’s campaign now has a different explanation for his vote against the 2003 Illinois bill. Even with the same wording as the federal law, the Obama camp says, the state bill would have a different effect than the BAIPA would have at the federal level. It's state law, not federal law, that actually regulates the practice of abortion. So a bill defining a pre-viable fetus born as the result of abortion as a human could directly affect the practice of abortion at the state level, but not at the federal level, the campaign argues.
And in fact, the 2005 version of the Illinois bill, which passed the Senate 52 to 0 (with four voting "present") after Obama had gone on to Washington, included an additional protective clause not included in the federal legislation: "Nothing in this Section shall be construed to affect existing federal or State law regarding abortion." Obama campaign spokesman Tommy Vietor says that Obama would have voted for that bill if he had been in state office at the time.
But whether or not one accepts those arguments, it is not the reason Obama had been giving for his 2003 opposition. He told Brody that the federal bill "was not the bill that was presented at the state level." That's technically true; though the "neutrality clause" was identical in the federal and state bills, there were other minor wording differences elsewhere. But the Obama campaign statement says that "Illinois And Federal Born Alive Infant Protection Acts Did Not Include Exactly The Same Language." That's true for the earlier versions that Obama voted against. In the case of SB 1082, as it was amended just before being killed, it’s false.
