WASHINGTON — In what a U.S. archbishop called "a vital step in the right
direction for our nation," President Bush signed the Partial-Birth Abortion
Ban Act into law Nov. 5 at a Washington ceremony attended by many Catholic
leaders.
"The facts about partial-birth abortion are troubling and tragic, and no
lawyer's brief can make them seem otherwise," Bush said. "By acting to
prevent this practice, the elected branches of our government have affirmed
a basic standard of humanity, the duty of the strong to protect the weak."
The president said a partial-birth abortion "involves the partial
delivery of a live boy or girl, and a sudden, violent end to that life."
"Our nation owes its children a different and better welcome," he added.
Archbishop Charles J. Chaput of Denver, chairman of the U.S. bishops'
Committee on Pro-Life Activities, said the signing "marks the first time in
three decades that our nation has placed any restriction on an abortion
procedure."
"We commend the president for his action, and we pledge our prayers and
support to see that this brutal procedure remains prohibited by law and
intolerable to the American people," the archbishop added in a Nov. 5
statement.
The pro-life committee and the Knights of Columbus also published
full-page ads in USA Today and Roll Call newspapers Nov. 5
thanking Bush and "members of Congress on both sides of the aisle" for
approving the ban, which has already been challenged by abortion providers
as an unconstitutional restriction on abortion.
"The struggle over partial-birth abortion is not over, and the ban faces
a court challenge," said the ad, signed by "millions of Catholics across the
United States."
"But today our nation is one step closer to a culture of life," the ad
said.
The partial-birth abortion procedure, used only in the second half of
pregnancy, is defined in the law as the partial delivery of a fetus from the
womb "for the purpose of performing an overt act that the person knows will
kill the partially delivered living fetus" and then performing that act,
killing the partially delivered fetus instead of delivering it alive.
Pro-life members of Congress have been working since 1993 to ban the
procedure. Bills barring partial-birth abortions were twice vetoed by
President Clinton on grounds that there was no health exception in them. A
health provision would have rendered the legislation virtually meaningless
because of the broad definition of maternal health given by the U.S. Supreme
Court in 1973 in its decisions to legalize abortion
"For years, a terrible form of violence has been directed against
children who are inches from birth, while the law looked the other way,"
Bush said. "Today, at last, the American people and our government have
confronted the violence and come to the defense of the innocent child."
He also pledged to "vigorously defend this law against any who would try
to overturn it in the courts."
Among the approximately 400 people attending the signing ceremony at the
Ronald Reagan Building in Washington were Cardinal Edward M. Egan of New
York; Carl A. Anderson, supreme knight of the Knights of Columbus; and Gail
Quinn and Richard Doerflinger, director and deputy director of the bishops'
Secretariat for Pro-Life Activities.
Anderson said in a statement that with the signing Bush "has brought us
closer to the day when we will see a culture of life in America" and closer
to "our shared goal of building a society that honors and values all human
life, including the life of the unborn."
Father Frank Pavone, national director of Priests for Life, said in a
statement that the United States has now "turned a corner in the war against
abortion."
"Rhetoric has yielded to reason, as the public has focused on the
concrete violence of the partial-birth abortion procedure, rather than on
abstract arguments about 'abortion rights,'" he said.
Father Pavone called on pro-life Americans to "fight with all their
might" to defend the ban in court "because that only serves to instruct the
public that Roe vs. Wade is far worse than most people think."
But less than an hour after the president signed the legislation, U.S.
District Judge Richard Kopf of Lincoln, Neb., issued an injunction against
implementation of the law. The ruling applied only to Dr. LeRoy Carhart of
Bellevue, Neb., and three other abortion providers who had filed suit
against the law.
Carhart's earlier fight against Nebraska's partial-birth abortion ban led
to the U.S. Supreme Court's 2000 Stenberg vs. Carhart decision overturning
the state law.
As the hearing began, Kopf said the federal legislation had "serious
vagueness problems" and expressed concern that there was no exception for a
mother's health.
"It seems to me that the law is highly suspect, if not a per se violation
of the Constitution," the judge said.
The law also has been challenged in lawsuits in San Francisco and New
York City.