9021Mom: Circumcision Ban Challenges First Amendment

There is a movement trickling down the California coast to ban circumcision. In San Francisco a proposed piece of legislation may appear on the November ballot banning the practice for those under the age of 18, irrespective of the freedom to observe one’s religious customs and beliefs. A violation would be considered a misdemeanor punishable by a fine of $1,000 or up to one year in jail.

The belief behind the proposed legislation is that the child cannot decide for himself, and the procedure is a form of genital mutilation that is dangerous and unnecessary. The Jewish and Muslim faiths both practice circumcision, and it is commonplace among boys of all religions in the United States.

A brit milah, the ritual of circumcision in the Jewish faith, is a sacred covenant mentioned in the Bible (Genesis 17:1-14). A medically certified mohel performs the bris, or circumcision, on the eighth day of a baby boy’s life. During this ceremony the child is given his Hebrew name. The circumcision is symbolic in transcending the barriers of the physical self to the realm of the spiritual. The bris is celebrated as a festive occasion.

“The practice of circumcision has been done for thousands of years and is an integral part of the Jewish religion," said Dr. Sam Goldberger, a prominent Beverly Hills surgeon. "They can’t be allowed to stop such an ancient tradition. They’re legislating what we can do and it doesn’t even affect them. They don’t have to do it.”

In the Muslim tradition circumcision has been performed since before the birth of Mohammed and symbolizes peace and blessings upon the child from Allah. It is considered Sunnah, which means custom, practice and ritual. The child is circumcised in the early years of life.

“For a city that’s renowned for being progressive and open-minded, to even have to consider such an intolerant proposition, it sets a dangerous precedent for all cities and states,” Rabbi Gil Yosef Leeds of Chabad of UC Berkeley, where my daughter attends college, said of the possibility of a circumcision ban in San Francisco. Leeds is also a certified mohel.

Now a group called MGMbill.org, for male genital mutilation, is pushing for a ban on circumcision in Santa Monica with a notice of intent filed with the city clerk on May 19. If the proposed petition collects enough signatures then the initiative will also make its way to a ballot. Like San Francisco, the penalties are the same.

“The ban on bris milah is absurd because the claim that it is anything similar to genital mutilation is nonsense. It does not inhibit physical pleasure and cannot be compared to female mutilation," said Rabbi Shalom Denbo, a mohel who also teaches Jewish traditions to members of Alpha Epsilon Pi, an international fraternity with several chapters here in Los Angeles including at UCLA.

"What they are fighting is a cultural value system that is thousands of years old. It is naive to say that we cannot do this to the child because he cannot decide. We as parents make decisions for our children. We decide to vaccinate them, where to send them to school and what values we instill in them.” 

Our forefathers came to this country to escape oppression and enjoy the freedom to practice their beliefs without fear of discrimination or persecution. Religious practice is a personal family matter protected under the First Amendment.

My son's bris was a joyous occasion, with 100 people, platters of food and gifts showered upon the baby.

I could not imagine a United States where my family would have to practice this tradition in a basement with the fear of arrest.

Be sure to follow Beverly Hills Patch on Twitter and "Like" us on Facebook.