PBA Ban Act of 2003
Sponsored by Republican Pennsylvania Senator Rick Santroum on February 14th, 2003, the Partial Birth Abortion Ban Act of 2003 (Item 1) was introduced to the Senate floor. In the PBA Ban of 2003, if a physician knowingly performs a PBA and “thereby kills a human fetus,” they will be fined or imprisoned for not more than 2 years, or both. The PBA ban act of 2003 allows PBAs that are medically necessary to save the life of a mother whose life is endangered by “a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself” [1]. In section (d)(1), a defendant who is accused of an offense under this section (i.e. performing a PBA), may seek a hearing before the State Medical Board to determine if the PBA was necessary to save the life of the mother.
The PBA Ban Act of 2003 was passed by the Senate on March 13th, 2003 on a 64-33 vote. Then, on October 2nd, 2003, the ban passed in the House with a 281-142 vote. Twenty-six days later, the ban was presented to President George W. Bush. President Bush signed the PBA Ban of 2003 on November 5th, 2003. The ban then became Public Law No: 108-105 on November 5th, 2003. Released immediately after President George W. Bush signed the Partial Birth Abortion Ban Act of 2003, the Office of Press Secretary released his remarks on the ban (Item 2). President Bush calls PBA a “terrible form of violence that has been directed against children who are inches from birth… Today, at last, the American people and our government have confronted the violence and come to the defense of the innocent child” [2]. Bush then thanks members of his Cabinet, Senate, House, and Cardinal Egan, the Archbishop of New York. He procedes to slam PBA for being “medically unnecessary, not only cruel to the child, but harmful to the mother, and a violation of medical ethics.” Bush then states, “Every person has a special dignity. This right to light cannot be granted or denied by government, because it does not come from government, it comes from the Creator of life” [3]. Bush, a devout and visible Christian, belonged to the Episopcal Church before he married his wife, Laura Bush. After marrying Laura Bush, President George W. Bush joined the United Methodist Church [4]. Bush clearly uses religious reasoning in his decision to sign the bill. Believing that the right to life only comes from the Creator of life, President Bush sides with the pro-life religious community when he signed the bill.
1. Congress.gov. "S.3 - 108th Congress (2003-2004): Partial-Birth Abortion Ban Act of 2003." November 5, 2003. https://www.congress.gov/bill/108th-congress/senate-bill/3.
2. “President Bush Signs Partial Birth Abortion Ban Act of 2003.” Office of the Press Secretary, November 5, 2003. https://georgewbush-whitehouse.archives.gov/news/releases/2003/11/20031105-1.html
3. Cooperman, Alan. “Bush leaves specifics of his faith to speculation.” NBC News, https://www.nbcnews.com/id/wbna6014570
4. Ibid.