A Manhattan federal judge refused to block a New York City regulation requiring people who perform Metzitzah B’Peh to first obtain written consent from the parents.
U.S. District Judge Naomi Reice Buchwald on Thursday refused to issue a preliminary injunction against the change to the city’s health code, which some members of the city’s Orthodox Jewish communities called an unwarranted government intrusion on religious freedom.
In September, the New York City Board of Health voted to require mohels, who perform circumcisions, to obtain advance consent that tells parents about the risk of a potentially fatal herpes infection linked to the ritual of metzitzah b’peh, or MBP.
Enforcement of the regulation was put on hold until Buchwald could rule on the request by the Central Rabbinical Congress of the USA and Canada, the International Bris Association and some rabbis for a preliminary injunction.
In court papers filed in October, they said the regulation improperly singled out an exclusively religious ritual, and violated the free speech and free exercise protections within the First Amendment of the U.S. Constitution.
But in a 93-page decision, Buchwald refused to halt enforcement of the regulation, and said the plaintiffs’ claims were likely to be found without merit.
“There is ample medical evidence that direct oral suction places infants at a serious risk of herpes infection, as well as evidence that parents are sometimes unaware in advance of a circumcision that MBP will occur, and the regulation plainly addresses these legitimate societal concerns,” Buchwald wrote.
“As enacted, the regulation does no more than ensure that parents can make an informed decision” whether to consent, she added.
Shay Dvoretzky, a partner at Jones Day representing the plaintiffs, was not immediately available for comment.
The city welcomed the decision. “Informing parents about the grave risks associated with this procedure is critical to safeguarding infants’ health,” Michelle Goldberg-Cahn, a senior lawyer for the city, said in a statement.
New York City said it plans to begin enforcing the consent requirement even if litigation continues.
City health officials on Thursday said at least 11 infant boys have in the last several years contracted a potentially fatal form of herpes following circumcision with direct oral suction, and that two of the boys died.
Opponents of the regulation have said the health department had not proven a higher incidence of neonatal herpes among boys who had received direct oral suction.
(Reuters)
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15 Responses
How will the City enforce it, No Mohel who does MBP will offer this document to parents and No parent will Sign it
Why would no parent sign it?
What’s absurd is that simon’s right – many Mohalim will disobey the law b’reish g’li, which will lead the city to promulgate more restrictive measures. This isn’t “arkesa d’misani,” they are forbidding us from doing MBP. If we can’t win in court, let’s play by these livable – if b’dieved – rules.
The approach that we live above the law has gotten us into enough trouble.
Response to #1: If, chas veshalom, a child contracts the disease in question, and the cause is linked even remotely to MBP, they will ask to see the consent form. If there is none, the mohel would be in serious trouble. That seems to be the only way to enforce. Hashem Yerachem.
With Jews like Naomi Reice Buchwald and Michelle Goldberg who needs non-Yehudim?
The OU, RCA and NCYI should be ashamed of themselves for not being part of this lawsuit. Why is it that the “Black Hats” had to go it alone this time? I’ll tell you why: It’s because we’re the only ones who truly care about our mesorah and we’re the only who listen to daas Torah.
One of their camp started this libel against MBP, and the subsequent war on bris milah that will chas v’shalom follow it, and I hope he will answer for his perfidy after 120 years.
It sickens me that the antagonists in this case are all Yidden, including the judge. What a sad day for all of us.
This is silly, it will regardless never happen in the hasidic community because anyone in the hasidic community who does not have MBP performed will be socially shunned and thrown out of that synagogue.
Antiochis Bloomingidiotberg the Rosha has his way.
They start with MBP and go on to bris milah.
Don’t kid yourselves. Religious freedom IS being attacked!!!!!!!!!!
If all the Rishonim and Poskim write, that the reason for doing MBP is “Sekanah Hi L’yeled”, how could anyone argue that MBP is part of the Mitzvah?
L’Halocho, MBP is like raising your head out of the water after Tevilla shel Mitzvah. You’re still involved in the activities of Tevilla but its no longer a Mitzvah.
If MBP would be part of the Mitzvah, we would do it when we Malleh older children who Balei Tshuvah.
I don’t get what the big deal is. No one is making metzitzah bapeh illegal, it’s just making parents sign a consent form. And to be honest, what’s the worst that could happen? The parent refuses to sign the consent form and metzitzah is still done, just with a kli instead of bapeh. To the best of my knowledge, most sources do not specify that metzitzah must be done directly with the mouth, I think most (if not all poskim) say metzitzah bakli works at least bedieved, if not lechatchilah. I think people are making a big deal out of nothing.
And for the record, even if the state is wrong for pursuing this, I believe that this is 100% lishmah. They are not targeting Judaism, they just care for the welfare of New Yorkers. If this was the practice of any other religion, they would fight it too.
Do a Bris in the Garden State. It will solve ALL problems
New York city has NEVER agreed to check out their mohel-transmission theory by doing a DNA test, which is tandard procedure in all forensic murder cases.–WHY NOT???
Because the City is afraid that the DNA evidence would disprove their THEORY. They are perfectly happy to accuse the mohels without offering even a shred of real evidence.
Even if its baseless but how difficult is it to follow it?
They are right some parents may not want it if informed about it in advance but since it’s not a mitzvah so let those parents opt out.
This isn’t about them attacking our freedom, we can still do mbp but it gives others an opportunity to not do it.
That’s right lkwdmama (#5): Only the “Black Hats” care about Torah. All other Jews are just pretenders or kofrim or worse.
But wait…lots of Black Hats think that other Black Hats are pretenders or kofrim or worse (Zionists!)
So it must be that only your community of Black Hats care about the Torah. But even in your own community there are people who still have iPhones or watch TV or…
So it must be you, lkwdmama, only you really care about our mesorah and listen to da’as Torah. The rest of us are glad you’re.
Leaving aside for a moment the whole issue of מציצה בפה for a moment, there is something here that I find deeply disturbing.
The electorate of New York – and ב”ה that includes hundreds of thousands, if not millions, of Jews – voted Michael Bloomberg to be their mayor not once, not twice, but on three consecutive occasions. That fact, whether people like or not, is indisputable.
My questions are simple, but I doubt whether I will ever get any rational explanations or responses to them, are “If Mayor Bloomberg is such a bad mayor why did New Yorkers re-elect him twice?”, and “Again, if Mayor Bloomberg is such a bad mayor why has there never been any attempt to have him recalled or impeached?”
Will this cause any problems with insurance coverage for someone whose child will c”v contract an illness after a bris? Will a parent be considered negligent since there will be documentation stating that they knowingly ignored potential health risks?