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Rabbosai, The anti-semites in Galus America are attempting to ban Bris Milah in San Francisco and Santa Monica, Calif. Let us daven to the RBS”O that these evildoers are stopped dead in their tracks.
The backers of this insidious attempt are trying to frame it as having nothing to do with Judaism, despite the known benefits of circumcision in medical science. Yet one of the primary figures pushing this publishes a comic featuring a “Monster Mohel” figure dressed in obvious Orthodox Jewish garb that the ADL has decried as “Grotesque Anti-Semitic Imagery”.
I just saw this. It is shockingly anti-semitic.
Anti-semitic, but constitutional.
Anti-semitic, but constitutional.
That won’t help these r’shoim in the next world.
Just like this Mushemad can post his cartoons -freedom of speech, we can perform Bris Milahs. I don’t think that if the law passes it will be upheld in Court because we have freedom of religion! This ain’t Europe. Hashem is watching these Europeans. I wouldn’t be surprised the reason that they are having an epidemic of E. Coli right now is because of their attack on Shechita! E. Coli has once again transformed -probably in the intestines of animals. How come this didn’t happen anywhere but Europe? Coincidence?
I think not! Noone gets away with evil; sooner or later there is judgment and then punishment!
How is it constitutional? Freedom of religion? I want to see Americans banning minarets… Yeah right. The goyim (and mosrim) have the idea that Jews are weak, and so can be oppressed. We need to get together and help repeal this gezeirah, or move to Israel.
this Mushemad
I read that he’s a German.
DY – He could still be a Mushmead. I heard he was Jew.
Dovid S. – I think they were talking about the cartoon, not Bris Milah!
@Dovid S.: Under the current test applied by the Supreme Court, since this law has the purpose of regulating health concerns, and the religious discrimination is only an effect of the law, this law would not violate the free exercise clause.
Ah, might be. Thanks for the correction.
@shlishi: The proponents of the ban claim it has to do with health concerns. Also, the fact that 80% of all US males are circumcised will make it very to deny the law as a free exercise clause issue. I’d say this may be more of a substantive due process issue, health concerns aside.
We talked about this a couple of weeks ago here: http://www.theyeshivaworld.com/coffeeroom/topic/attempt-to-ban-bris-milah-in-san-francisco
Here is the post I wrote there:
If anyone wants to read about the legal issues, I found an article which seems to go through the issues pretty well.
See Sarah E. Waldeck, Using Male Circumcision to Understand Social Norms as Multipliers, 72 U. Cin. L. Rev. 455, 515 (2003)
The general rule is that “the Free Exercise Clause permits a law that burdens religion as long as the law is neutral, generally applicable, and is not passed to ban behavior solely because of its religious motivation.” The leading case on this is Oregon v. Smith, 494 U.S. 872 (1990).
However, the Court also said there in dicta that when another constitutional claim besides for free exercise is also implicated, then there is an even stricter level of review. That would likely apply here, because of the due process claim.
Also, there might be an issue here since it would practically make it impossible to live as a Jew or Moslem, like Pierce v. Society of Sisters, 268 U.S. 510 (1925), which struck down a law prohibiting parochial schools. Apparently, this makes it much harder, although I am not sure how.
This article concludes that a law requiring anesthesia would probably stand, but not a law banning bris altogether.
Where’s Ben Temalion when we need him?
Maybe this is a message that y’all should come here?
Haifa: Israel is in galus too.
“There are zero health benefits to not circumcising. “
Not true if metzitzah be peh is performed!
Recent studies have indicated that circumcision rates in the US are dropping fast. I think its now around 50% of babies are circ’ed.
Second, there are a few hundred babies who die each year due to complications with circumcisions. You think that’s minor?
And the benefits to routine circumcision are extremely small, the AAP has put out a statement for over ten years now that routine circumcision isn’t recommended.
Don’t pretend like this is all anti-semitism. I have (non-Jewish) friends who are really anti-circ’ing boys but don’t want to legislate it.
Now, I don’t support this legislation at all. But I do want to remind those of you who support vandalism from frum people that you can’t selectively ask for laws to apply to you.
popa,
The California State Constitution also contains a Free Exercise clause, and state courts are often more protective of individual rights than federal courts. All the current Justices of the Supreme Court of California were appointed by Republicans; does anyone know how they have ruled on past religious freedom issues?
charlie: I don’t know.
SJS: I also didn’t think it was anti-semitic, until I saw the campaign literature. I am posting a link. Mods: Click on the link, I think you should put this one up. http://pajamasmedia.com/tatler/2011/06/03/proof-that-s-f-s-circumcision-ban-is-anti-semitic/
You’re right, I misquoted the number. Here is the abstract on the latest study:
Baby boys can and do succumb as a result of having their foreskin removed. Circumcision-related mortality rates are not known with certainty; this study estimates the scale of this problem. This study finds that approximately 117 neonatal circumcision-related deaths (9.01/100,000) occur annually in the United States, about 1.3% of male neonatal deaths from all causes. Because infant circumcision is elective, all of these deaths are avoidable. This study also identifies reasons why accurate data on these deaths are not available, some of the obstacles to preventing these deaths, and some solutions to overcome them.
So tell me, do you think 117 babies should die each year for an elective procedure? I’m not talking about frum Jewish kids – I’m talking about those who weren’t commanded to circumcise.
And my Rabbis is against metzizah b’peh without a pipette. It is not 100% safe. Even those who do metzizah b’peh should realize that.
SJS:
About metzitza bpeh, mohelim in my circles generally use a pipette. But they do it to protect themselves.
I don’t really know if there is any danger to metzitza bpeh. All I know is we did it for thousands of years, and it was certainly what G-d wanted us to be doing then. Perhaps now there are more diseases, or whatever. But I am leery about thinking of it as an arcane uncivilized practice.
This study finds that approximately 117 neonatal circumcision-related deaths (9.01/100,000) occur annually in the United States
I would guess that none are due to bris milah; the mohelim are more machmir than the doctors.
“But I am leery about thinking of it as an arcane uncivilized practice.”
I don’t call it arcane or uncivilized, just unsafe. The people who insist on doing it today are meikel on pikuach nefesh.
shlishi,
Here is the article that sjs cited:
http://mensstudies.metapress.com/content/b64n267w47m333x0/?p=e5780c86e6824fb7a9959c83fde10a0d&pi=5
Bris mila was banned in the past (not in the U.S.). Do they not know all the stories I know about our parents risking their life just to perform bris mila on their precious little babies? Why are they trying anyway. It’s a waste of time…
This study also identifies reasons why accurate data on these deaths are not available
So the whole thing isn’t much more than conjecture.
The people who insist on doing it today are meikel on pikuach nefesh.
The people who consider it (mbp) “an arcane uncivilized practice” skewed the results of the studies.
SJS -“And the benefits to routine circumcision are extremely small, the AAP has put out a statement for over ten years now that routine circumcision isn’t recommended.”
This statement is absolutely false. You obviously got it from one of those anti-circumcision sites. While it’s true that the AAP doesn’t recommend pro or against, if you look at the medical articles you would see benefits outweigh the risks. Now I can understand why the AAP remains neutral because they don’t want to get involved in politics, but if you would add everything up from preventing diseases- you see the benefits outweigh the risks. There are articles that circumcision prevents HIV and cancer. In case you don’t know, these diseases have a high incidence of death.
So it is an absolute lie that medically it’s better not to circumcize than yes. Even the ones from the Anti group who aren’t anti-semitic are probably against circumcision because of pain. But anyone claiming it’s not a good idea medically and therefore it should be banned, is either sadly misinformed or lying to themselves and everyone else too!
DY, there are many areas of the health related fields that are hard to pinpoint exact causes, but there are trends to see. There are plenty of children who die directly or indirectly due to their circumcision. That doesn’t include the botch jobs that cause other issues.
Health,
I’m not sure what AAP statement you read, but the abstract starts off with:
Existing scientific evidence demonstrates potential medical benefits of newborn male circumcision; however, these data are not sufficient to recommend routine neonatal circumcision.
While I would agree that a mohel is usually a safer choice than a doctor for circumcision, its ridiculous to say that no babies have died from a mohel. A few years ago, there were a few babies who died (that I remember).
I’m not advocating for passing this law. But its important to realize that many of the anti-circ supporters have a valid argument on their side. Obviously Jews aren’t going to stop circumcising no matter what.
Health,
You are wrong about the AAP. Here is what they actually say:
If people like you continue to put out falsehoods, we will lose this one.
‘The people who consider it (mbp) “an arcane uncivilized practice” skewed the results of the studies.’
Wrong. MBP is associated with neonatal herpes; at least one child suffered brain damage as a result. The largest group of orthodox rabbis in America have urged that it no longer be done.
If people like you continue to put out false information, we will lose this one.
The largest group of orthodox rabbis in America have urged that it no longer be done.
Based on misleading information put out by (one of) their leader(s).
Charlie,
That was an unproven allegation by a less than honorable person with an ax to grind and no ne’emanus. He has been known to spread falsehoods regarding metzizah b’peh in the past. (Besides a number of other falsehoods as well).
But like I saw a poster comment on another site regarding this issue. The weather in SF is nicer than New York. And therefore there is nothing wrong with them trying to outlaw milah.
Your comment about the dangers of mila should really specify that the most complications come from those who use the a clamp when doing mila. It is a known contributor of complications including amputation. Besides for causing significant additional pain to the baby.
There many less complicataions from mohalim doing metzizah b’peh than there are with mohalim using clamps.
Charlie says: ” The people who insist on doing it today are meikel on pikuach nefesh. “
Of course Charlie knows better than the real poskim including R Moshe Feinstein.
I dont know of a real posek who concurs with your view.
So don’t do it if you have herpes.
I find it very disturbing, R”L, that [here] in NY they are fighting to accept S’dom-like same-gender marriages, where there they are fighting a long followed practice. The hypocrasy just shows that Ein Lanu Al Mi Li’Hishaein, ela AVINU SHEBASHAMAYIM!
SJSinNYC & charlie – You obviously didn’t read my post. The AAP doesn’t recommend one way or another. If you look at other scientific articles and add up all the health benefits it looks like the benefits outweigh the risks. So to present as an argument that the risks outweigh the benefits is absolutely FALSE!
“If people like you continue to put out falsehoods, we will lose this one.”
The only one putting out falsehoods is you! As a matter of fact, I saw today (when looking it up) an article in Pediatrics (from the AAP) about the health benefits regarding cancer because of circumcision. The authors then questioned why the AAP didn’t take into consideration the diseases that circumcision prevents when they came up with their policy on circumcision. They don’t give an answer. But I’ll tell you the reason because it’s not PC to argue with the “progressives” who are against circumcision!
KIsh Echad BLev Echad – You hit the nail on the head; Americans are becoming more & more like S’dom! They lie and say that the risks of Mila outweigh the benefits, in order to discredit religion. The same with marriage to all genders, another way to discredit religion.
Shlishi, the rate posted in that link is from 1982. I would trust a more recent study at this moment in time.
Health, not recommending routing circumcision is part of their statement. Although, I have learned not to really debate with you because you try to twist everything without making sense, so I’ll let the AAP statement stand.
Again, this doesn’t really have anything to do with religion. There are many people in the US who circumcise their children who are not religious at all. Many people are anti-circumcision because they don’t believe in removing body parts just because. The data doesn’t really warrant it.
The people I know aren’t for legislating against it, but rather getting information out there.
SJS:
The link you posted admits openly to using conjecture. I displayed an actual doctors study.
Where’d the AMA link go? I can’t imagine there’s anything wrong with a medical association study.
sjs: “not recommending” is very different than “recommending against”; it is neutral.
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