Judge Won’t Block Metzitzah B’Peh Law
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 MBP.
Anonymous
“As enacted, the regulation does no more than ensure that parents can make an informed decision” whether to consent,”
So what
What is wrong with getting written informed consent? Are we so worried that the practiced will be stopped???
antimesira
Yes we are worried the practice will stop.
This is the first step in to banning Bris Mila and other important Miztvos.
It wont happen overnight, but it will.
History repeats itself.
The Romans, the Greeks etc… didn’t make decrees over night, they started it all slowly, they passed these laws using their senates and courts etc…
The idea here is to create DOUBT in peoples minds. Doubt comes from the evil inclination. Once there’s doubt, people (who are not strong) will fold and stop practicing whatever it is the government targets next.
I'm Registered to Vote
And any candidate who wants my and a few million other Jewish votes should pledge to annul this decree if elected.
Dovid
Americans caste their ballots for big government. Now it’s time to pay for it.
big deal
So what.
Let the people sign the form and do what they want.
If the Communist government couldn’t stop the practice of Bris, by using the KGB etc, then Bloomberg and the NYPD definately can’t.
And they aren’t trying too.
They just want the parents to be aware of the risks.
Same story when you go skiing, parachuting etc.
You sign a waiver stating you know the risks: then do what you want.
Anonymous
Exactly.
Milhouse
For ourselves this makes no difference; we will sign it without question, and do as we have done for thousands of years. But what about those who are not so strong in their emunah? In Russia we made brissen, but how many millions didn’t? What percentage of Jewish men came out of Russia circumcised?
Also, if this is allowed to stand unchallenged then it will be the camel’s nose in the tent; once it’s “established” that there’s a risk, and “even the Jews accept this”, then they will say that parents who willingly submit their children to this “risk” are suspect of being unfit parents, just like those who sent their children to chadorim in Russia. If something happens to any child in the household, this waiver could be used as “evidence” of parental negligence. And if ch”v there’s a nasty divorce and a custody fight, who knows what would happen. It’s a mess, and we should be wary of it, and do all we can to fight it. If at the end of the day it’s Hashem’s will that it stand, then we will live with it, but “men kricht nit mit a gezunter kop in a kranken bet”.
Shabbos
And what happens if the bris is on Shabbos and nothing was signed before Shabbos?