The Orthodox Jewish community is outraged by today’s decision of the NYC Board of Health to regulate a sacred, foundational religious practice that has been observed for over 3,000 years.
We believe today’s action, which is based on the thinnest of contested anecdotal evidence, to be plainly unconstitutional and will be aggressively litigating this shocking governmental overreach. We are very confident the 1st Amendment affording the free exercise of religion; and the freedom of speech will be upheld by the courts.
The basis of Jewish law, the Torah, holds even a single life above all other concerns. No practice spanning thousands of years, undertaken by thousands annually, would be allowed in Jewish law if it were life-threatening. What the NYC Board of Health did today is an unforgivable affront.
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8 Responses
3,000 years?
The New York City Board of Health voted today to regulate Bris Milah and specifically Metzitza B’Peh. And like the Jewish community has been warning (and the apologist were until now denying), this is only a first step in the government attempting to outright ban this vital part of Bris Milah. Joel A. Forman, professor of pediatrics at Mount Sinai, one of the nine members of the NYC BOH who voted to regulate Bris Milah specifically said after the vote today that he wants the government to outright ban MBP. He is quoted in the N.Y. Times (currently on their website) as saying “It’s crazy that we allow this to go on.”
The new NYC DOH regulation will be widely ignored, in any event. As the N.Y. Times reported today, more than 200 Orthodox Rabbis have ordered their adherents not to comply with the regulation because they believe it is a mandatory part of the practice of the Jewish religion.
And it is utterly uneforceable, as the BOH doesn’t have the legal ability to station inspectors in shuls to witness Bris Milahs. And no one from the Chareidi and Chasidic community will maaser anyone. So the BOH won’t even know 1) who the mohel was and 2) whether or not MBP was performed.
1. The DOH regulation isn’t even a law. It is just a regulation passed by the local directors of the city health board. Even if it is violated, it is not breaking the law. It will result in getting a “ticket” with a monetary fine. It is similar to getting a parking ticket or a restaurant getting a health violation fine. Except the city can tow the car or take away a restaurant’s license if it doesn’t pay the fine. Here the city cannot stop a Mohel from continuing to perform his religious function even if he doesn’t pay the fine(s).
As the N.Y. Times is reporting today, “failure to comply merely may result in warning letters or fines to the mohelim. Enforcement, though, will be based on investigation of specific complaints and herpes cases, not spot checks or raids, and there are no mandatory punishments, said Dr. Jay K. Varma, the city’s deputy commissioner for disease control.”
2. It is illegal as it is unconstitutional. The government is constitutionally prohibited from regulating a religious ritual. And the Agudas Yisroel is preparing a lawsuit to overturn the regulation.
3. It is unenforceable. The government cannot place department of health inspectors in synagogues to observe if the mohel performs MBP or not. At most, they need to ask the parents or mohel. And they generally won’t even know who the mohel was. And even if they ask, neither the parent nor the mohel have to answer or even talk to the DOH or any government officials (it is called the Fifth Amendment) unless the city bothers to get a court subpoena every time they want to investigate. And they need to demonstrate to a judge they have good reason; they cannot simply subpoena hundreds of mohelim.
We should save our crying wolf for the real deal because this is no big deal. It changes nothing. No one protests signing papers for food stamps or health benefits or rent subsidies or marriage license. Many consent forms are signed in the hospital and this will be just one more. Who cares?
This is an unintended consequence of electing liberals to positions of power. Liberals appoint their own kind and nobody should be surprised at this result.
Dear Mayor Bloomberg: You, with your egotistical, liberal I can do anything I want (including rewriting the election laws so I can have a third term) ideology, are a disgrace to your Jewish heritage.
Hashem gave you your money and He can take it away. Don’t mess with Him!
Cherrybim,
The rabbonim involved who have been speaking with the officials involve are attempting to wake us up to the fact that this is the first salvo in the attempt to actually regulate Metzitzah B’pen in a forceful manner.
You can of course chose to feel you are smarter then the Rabbonim, You can chose to believe that Mike Bloomberg is smarter and more honest then them, or Thomas Frieden cares more about the health of your baby then the Gedolei Yisroel and Mohelim.
You can chose to do whatever you want.
However the way I see it the Gedolim involved care far more about the health of my children then Bloomber, Frieden or anyoth of these politicians. They actually spend their day and night helping Me, My Family, and my community. They do everything they can for me and my community when there is ever a problem.
And they not the actual Halacha far better then these people who in many cases are sadly Non-observant Jews.
They care far more about the Torah, the integrity of the Torah, and Transmission of Mesorah then these people who again are in many cases non-observant jews.
In most cases they are also quite smart and knowledgable about human nature and are much more directly involved in what is going on then I.
So Yes I trust them and thier words over the Boead of Health led by Mike Bloomberg who is now the prous banner not of Soda and requlater in Chief of Metzitzah B’peh. (And I might add Handguns in this dsfest of Safe cities aand I dare not interrupt him as he rushes to asses the scene of the latest shooting in his safe handgun free city. so much safer then the cities of Texas)
ben levi, so which of my points are you addressing?
You seem to state that the forcible signing of consent forms is no big deal.
I am merely attempting to point out that the Rabbonim involved who have been in deep discussions with these people all feel that is not the case rather it is the firstsalvo, opening round if you will in cattempting to completley ban Metztzah B’peh and if it is not stopped here will Ch”V cause officials they can go way further in the name of Public Health.
This is actually something that can have far more wide ranging consequences then Metzitzah B’peh which why many Litvishe Rabbonim who personally rule Metztzah b’peh is not an integral part of the Milah and does not have to be done, are still standing shoulder to shoulder with the Rabbonim who hold it is an integral part of Milah.
The unity amongst the Chareidi -Right Wing Rabbonim on this matter from both Chassidic, and Litvishe groups is quite remarkable. It is even more encouraging to see that many Rabbonim from the Modern Orthodox Camp are standing with them in fact I believe that many of the Medical Doctors that assited in the Medical Research actually identify with the Modern Orthodox Camp.