Friday, January 11, 2013

Federal Court Refuses To Enjoin NYC Circumcision Informed Consent Rule

In Central Rabbinical Congress of the USA & Canada v. New York City Department of Health & Mental Hygiene, (SD NY, Jan. 10, 2013), a New York federal district court refused to issue a preliminary injunction to block enforcement of the New York City Health Department's rule requiring that a mohel (Jewish ritual circumciser) obtain a written informed consent form from parents before he performs a circumcision using the oral suction technique (metzitzah b'peh).  The rule stems from concerns that those Orthodox Jewish mohels using the method can pass on herpes infections to infants. (See prior posting.)  In a 93-page opinion, the court, rejected both compelled speech and free exercise facial challenges to the rules. The court concluded since parents will likely be able to obtain the consent forms from various sources, not just from the mohel who will perform the ceremony, parents will be able to give the signed form to the mohel without any communicative action by the mohel.  It found that for free exercise purposes, the health department regulation is a neutral law of general applicability that protects children's health and parents' ability to care for their children:
Although there are no known instances other than MBP in which direct oral suction during circumcision is practiced, the facial neutrality test is satisfied because the language of the regulation is secular.... Section 181.21 does not accomplish a “religious gerrymander[]” through underinclusiveness ..., nor does it impose “‘gratuitous restrictions’ on religious conduct” through overinclusiveness....
Reuters reports on the court's decision. (See prior related posting.)


  1. Making it a taboo to compare male with female sexual mutilation is the biggest scandal of the controversy. In both instances the most sensitive and most erogenous zone of the human body is amputated and severely damaged. In both instances, what counts primarily is the cutting of human sexuality. The imposition of control by the patriarchy.

    What is lacking in all the talk about circumcision is discussion of its
    archeological dimension - that it is the left over of human sacrifice.

    Also, unfortunately it is / has been circumcision that has MADE for no end of anti-semitic sentiments. Freud found that it was the chief reason for unconscious anti-Semitism. And the myths surrounding it are at the core of the “blood libel.” Thus, it's time to eliminate the Brit Milah because if that is the chief reason for being anti-Semitic or anti-Abrahamic [Islam too practices the rite] then why hang on to this left-over of human sacrifice? that traumatizesthe child, cutting off 5,000 nerves, that is the equivalent of female circumcision in the sense that it eliminates everything but the clitoris,and only serves the UltraOrthodox to maintain their power? After all, reform Judaism sought to eliminate the rite in the 19th century, and Jewish identity depends on being born by a Jewish mother, or converting. Here a link to an archive of the entire German and then some debate, note especially Michael Wolffsohn's two pieces . Circumcision has been controversial also within Jewry forever.