Wednesday, October 03, 2007

Oregon Supreme Court Will Rule on Bris Milah

In November, the Oregon Supreme Court will rule on whether a convert to Judaism can force his 12-year-old son to be circumcised as well. The Wall Street Journal Law Blog sums up the case and the 2 sides:
The Oregon case pits two divorced parents against each other — a father, recently converted to Judaism, who wants to circumcise his 12-year-old son; and a mother who doesn’t. It’s not clear what the kid wants. Here’s a story from the New York Sun (HT: How Appealing).

Taking the father’s side are several Jewish organizations that have filed this amicus brief. “Enabling the circumcision of a child, whether as part of a religious conversion or for medical reasons, cannot as a matter of law indicate any infirmity in a parent’s ability to function as a parent,” says the brief. “Moreover, any decision to single out circumcision as a basis for questioning the fitness of the custodial parent would violate the First Amendment’s guarantee of freedom of religion.”

Aligning with the mother is a Seattle-based group called Doctors Opposing Circumcision. Said the executive director of the group: “Parents are free to practice their religion and to have religious beliefs, but they are not free to change the physical body of their child at will.”

John Geisheker, the executive director of Doctors Opposing Circumcision apparently is unclear on what circumcision means in Judaism:

Though studies have shown less incidence of sexually transmitted disease in circumcised men, Mr. Geisheker contends that circumcision is "non-therapeutic." He said it is akin to an increasingly trendy procedure where women have the appearance of their vaginas altered.

"Would you allow your 12-year-old daughter to have her labia trimmed for cosmetic reasons?" he asked. [emphasis added]

But what Geisheker lacks in his knowledge of Jewish Law, he apparently tries to make up in his knowledge of Jewish history. In the comments section to the article in the New York Sun appears the following comment--seemingly submitted by Mr. Geisheker:
A Christian child is being poached by Jews

Submitted by John Geisheker, Sep 19, 2007 11:06

In the Middle Ages Jews were said to kidnap Christian children, circumcise them, and even sacrifce them, drinking their blood. Many a pogrom was based on such calumny and no case was ever proved. Twenty-first century Misha was raised Russian Orthodox, a Christian sect, by his natural mother. He is being effectively *poached* from Christianity by these Jewish groups. Does this not eerily parallel the myths on which ancient anti-Semitism was built? Is there no thought for the human rights of the boy independent from a notion that his parents or any religion own him? What if he does not want the permanent amputation of the Jew and wishes to remain a Christian or have a choice?

As it is, Reuters has an article on Jewish "intactivists" and the decline of circumcision among certain Jewish groups.

The Forward has quoted Marc Stern, general counsel for the American Jewish Congress: “We have to win this case, and win it big, in my view.”

With the emotions raging in this case, that will not be easy.

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2 comments:

AS said...

This is very interesting. I'm not sure the son must have a bris though since when he's bar mitvah he has a choice to decide if he wants to be jewish or not. Why not wait a year? Just a thought

Daled Amos said...

Everyone is approaching the issue from every angle but a halachic one. In the comments to the NY Sun article, someone suggested waiting till the boy was 18.

It's going to be a messy case in the courts--but at least at that point they will finally be able to clarify what the boy wants, something that none of the articles have done.