Reply To: Attempt to Ban Bris Milah In San Francisco

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popa_bar_abba
Participant

If this is passed, it will presumably be challenged on two counts. First, that it infringes on the free exercise of religion, and second that it violates substantive due process under the 14th amendment.

Both of these would be measured by weighing the individual need against the governmental interest. There is a pretty good argument here that there is a strong governmental interest, particularly where it is being done for religious reasons. This is not at all a slam dunk for us.

As for the Supreme Court justices being Jewish, I highly doubt it will help us. They are from the liberal wing, which is quite hostile to any religion. Most of the petition was probably jews also.