NYC: Parental Consent Required for Metzitzah B’Peh
The New York City Department of Health voted today to require parental consent when metzitzah b’peh is performed as part of a circumcision.
The measure passed by a vote of 9-0. The written consent must be obtained from the infant’s parent or guardian, and will obligate parents to acknowledge that the Department of Health recommends against the performance of metzitzah b’peh because of the risks associated with the practice, including the transmission of the herpes simplex virus and other infections.
Since 2004, there have been 11 confirmed cases of the herpes simplex virus in newborn boys, all of which occurred following circumcisions that likely involved direct oral suction, according to the DOH. Two of the infants died. But defenders of the practice remain undeterred by the DOH’s ruling, and say they will ignore the new rule on religious grounds, secure in the knowledge that metzitzah b’peh has been performed “tens of thousands of times a year” throughout the world.
“This is the government forcing a rabbi practicing a religious ritual to tell his congregants it could hurt their child,” Rabbi David Niederman, executive director of the United Jewish Organization of Williamsburg, told ABCNews.com. “If, God forbid, there was a danger, we would be the first to stop the practice.”
Assemblyman Dov Hikind (D-Brooklyn) and New York State Senate candidate Simcha Felder also weighed in on the ruling, saying, “This attack isn’t just on metzitzah b’peh—a tradition practiced by most Orthodox Jews; it is an attack on Judaism as practiced for 3300 years. Telling parents that you require written consent from them before performing religious rites that the mayor finds objectionable thrusts the city deeper into a nanny-ocracy that has dubious implications. . . .The mayor has allowed his personal agenda to impact the lives of these Jewish children forever. This is how he enters the New Jewish Year.”
“After Mayor Bloomberg finishes his third term, he should become the chancellor of Germany since these are the only two places that have a problem with circumcision,” remarked Isaac Abraham, a Jewish community leader in Williamsburg. “The Jewish community-at-large will continue to do what it has done for thousands of years without fear of German law coming to New York,” he added.
The Charedi organization from Williamsburg Hisachdus HaRabunim (Central Rabbinical Congress of the United States and Canada) also issued a statement condemning today’s decision, and called the DOH’s decision “an unforgivable affront.”
“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,” the statement read. “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. . . .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.”
kool
Bloomberg stlll receives a kings welcome when he comes to CH, makes me sick!
doubting the doh
As it is clear as day that the DOH does not have our real health interest at heart, perhaps more people in our community will realize that other health issues that they promote such as importance of vaccinations are not necessarily for our benefit.
Lo Navi Velo Ben Navi
It ain’t going to stop there. Wait and see: there will be at least one case, probably more, where CPS will use the signing of such a form as an excuse to take children away from their parents (after all, they’ve signed a paper saying that they’ve knowingly exposed their children to danger.)
Mark my words, too: by the end of the decade there will be jurisdictions in the United States where circumcision will be declared illegal (as was attempted in S. Francisco not long ago). Exceptions will of course be made for those religions whose adherents are known to riot and kill for any real or perceived “insult” (see the headlines of the last couple of days).
“The walls of Golus are burning…”
to #1
Blame Chanina & the rest of the panderers who don’t get it that Mad Mayor Mike laughs all the way back to City Hall. We should give him the cold shoulder and not kow-tow to him or any other sleazy politician.
Tammie
6 years ago, I sat in a hospital room wondering if my newborn son would possibly die or be brain damaged due to a Herpes Infection transmitted from a cold sore. An educated Jewish woman like myself had no idea that a cold sore could due so much damage.
What’s wrong with knowledge? That’s all this new regulation is requiring. If a parent wants to continue with metzitzah b’peh, they can. No one is saying that this practice can’t continue. But, parents need to know the risks. Herpes maims and kills. That is a health matter, not a religious one.
Milhouse
Looked at in isolation, this decision is not really objectionable. Those who want to follow our tradition will consent, and those who want a tube won’t. There’s no harm in requring a signature on a form. The only objection I can see is to the principle of the government getting involved in this area, because who knows what will come next. But so long as they don’t go any further this shouldn’t affect anybody.
yankel
This is so not a big deal. The parents need to give permission. So they’ll give permission. Big deal. It takes 30 seconds to sign a form.
An Attack On Judaism
This is a clear attack on Judaism and an insult to educated people. It is all lies. The only harm is the Helenist Mayor and his puppet Department of Health.
cmon
who is gonna make me sign a form? will there be inspectors in my shul when my children have their brisim?
David
Paranoia runs deep
It-s a great idea
I think this is a great idea.
It gives the parents the info and protects the mohel from liability.
As long as the parents sign the form: the mohel can do what they want.
So big deal.
Sign the form and move on.
No big deal.
I think the Satmar community is so worried cause the form may educate their own that others may have different opinions about life that are not the traditional party line.
And to the hierarchy; that’s scary.
People may get smart and make their own decisions rather than follow the rules blindly.
Milhouse
#10, it’s not paranoia when they really are out to get you. We’ve had long experience with this, and it’s dangerous to let the camel get his nose in the door. It’s far better to fight our battles while they’re still attacking ground we can afford to lose, rather than wait until we’re fighting for vital ground.
#11, This is Lubavitch, and we’re supposed to be all about Kabolas Ol, i.e. following the rules blindly *even if we happen to understand them*. We are not supposed to make our own decisions; we’re supposed to obey the Torah and the Rebbe without question. So why are you ragging on Satmar?
to 6 and 7
This will affect the parents because then it can be held against them at a different time that they knowingly endangered their child’s life. this is outrageous!
Sammy
The problem with the city is that they miss the point. This law will not stop Metzitzah b’peh. What they should do is require periodical medical tests for Mohalim. That would ensure that the Mohel doesn’t have herpes. The onus for the mohel’s health SHOULD be on the mohel, not the parent.
DeClasse- Intellectual
You have been forewarned thaty this libeal thinking government from Obam on down believes that noone has the right to belive or to practice what they belive without the approval of the government–and the government can take that right way from you becauise ultiamtely it would be te government that tells you what to believe. I said that when the attacks on the Catholics
institution developed in the health care program, Otam administtration pushed contreception not because the government was interested in women’s rights, but rather the government wanted to dictate to the Catholics that they did not have freedom of conscience unless the government allowed them to have it; and I said, first the Catholics, then the Jews.
Number #14, you are right if the DOH is concerned about health issues. Numbers 7 and 11, be careful what the form states and insist the wording protects both you and the child from any outside intervention from the DOH or their associates. In no way manner or form, can form give anyone ou tside an opening to interfere into personal life.
Remember this part of the grand liberal scheme to make everyone dependent upon nanny government.
use your brains
It’s not a bad thing to find a way to make the ritual safer.
Why must common sense about bloodborne pathogens and STDs fall on deaf ears? Would you allow someone to stick a needle in several people and then into your newborn? No. So don’t talk a chance with saliva and blood.
15 What exactly do think the government’s role is? It’s their job to keep us safe. Should we get rid of the CDC and just allow people to be uneducated, spread disease and put others at risk? I hope you realize that chulent is supposed to go into your mouth, not your ears.