Reply To: NYC Board of Health Votes to Regulate Bris Milah

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#1096413
gavra_at_work
Participant

As a law student, I find this topic interesting. I did a tiny bit of research and it seems to me that this law would be held up to “Strict Scrutiny” which means that a court would evaluate three things to determine whether the law is Constitutional:

1. Whether the law serves a compelling government interest,

2. Whether the law is narrowly tailored to serve that compelling interest, and

3. Whether this law is the least restrictive means for achieving that interest.

I don’t see how this is “least restrictive” if a mass mailing of the concerns to all NYC residents would accomplish the same goal of disseminating the information. if MBP was disallowed by NYC completely then this would be a completely different case, but as is it is also a freedom of speech issue, as the government is focing the Mohelim to speak.

http://www.theyeshivaworld.com/article.php?p=141086