The news stories below are listed in reverse chronological order. For a complete listing, please see our Site Map page.

February 6, 2008

Source: WBTV

January 25, 2008

Oregon court rejects circumcision case

Salem, Ore. -- The Oregon Supreme Court Friday blocked a Jewish convert from having his 12-year-old son circumcised until the boy's own wishes have been determined.

The state high court sent the case back to a trial court, The Portland Oregonian reported.

The child's parents, James and Lia Boldt, are divorced. The father argued that having custody of his son gives him the right to make medical decisions for the boy.

Lia Boldt argued that circumcision is dangerous. She said that the boy was afraid to disagree with his father.

Lower courts ruled in the father's favor. But the state supreme court found that there had been no adequate finding of what the 12-year-old actually wants.

"In our view, at age 12, M's attitude regarding circumcision, though not conclusive of the custody issue presented here, is a fact necessary to the determination," Chief Justice Paul De Muniz wrote. "Forcing M at age 12 to undergo circumcision against his will could seriously affect the relationship between M and his father, and could have a pronounced effect on father's capability to properly care for M."

Source: United Press International

December 9, 2007

Doctors back call for circumcision ban

The Australian Medical Association has backed a call for laws banning the non-essential circumcision of infant boys.

Source: Australian Broadcasting Corporation

September 21, 2007

Frankfurt court finds circumcision an unlawful personal injury

A regional appeals court in Frankfurt am Main found that the circumcision of an 11-year-old Muslim boy without his approval was an unlawful personal injury.

The Sept. 20 decision opened the way toward financial compensation for the boy.

The case may have repercussions for the practice of ritual circumcision in Germany by Muslims and Jews. The court suggested, in part, that it was a punishable offense to subject one's child to teasing by other children for looking different.

The boy, now 14, plans to sue his father for 10,000 Euro (about $14,000), according to a report by the German ddp press agency.

Reportedly, the boy, whose parents are divorced, was visiting his father during a vacation when his father forced the ritual circumcision. The boy lives with his mother, who had always rejected circumcision. Muslim boys are traditionally circumcised at elementary school age.

According to the court, circumcision can "be important in individual cases for the cultural-religious and physical self-image," even if there are no health disadvantages involved. So the decision about whether or not to go through with a circumcision is "a central right of a person to determine his identity and life."

The court did not give an age minimum at which their parents must seek a child's permission to perform a circumcision . The amount of damages depends, said the court, on the extent to which the boy suffered long-term physical or emotional damage, or "whether his peers would tease him for looking different."

Source: JTA

August 13, 2007

Children's commissioner wants circumcision banned

Tasmania's Children's Commissioner, Paul Mason, wants the State Government to ban the non-medical circumcision of young boys.

Female genital mutilation is illegal in Tasmania.

Mr. Mason said it's unfair that boys aren't given the same protection.

"We're discriminating against the little baby boys themselves, because they're not safe whereas the little girls are," he said.

He said circumcision is an abuse of human rights and should be outlawed until the person is old enough to decide for themselves.

"It's a permanent procedure, they get no choice."

"It's painful, even under anaesthetic," said Mr. Mason.

Mr. Mason has prepared a report on the issue for the Council of Obstetric and Paediatric Mortality and Morbidity.

The Council will forward a recommendation to the State Government.

A spokesman says the Government is not currently considering laws in relation to the issue.

Source: Australian Broadcasting Corporation

July 1, 2007

Controversial Children's Act takes effect today

The Children's Act has come into effect today

The Children's Act has come into effect today, giving children from the age of 12, among others, the right to access medical services such as HIV treatment and contraception without parental consent.

Approved by the President, these sections of the act do not require regulations before being released. Only sections that do not require regulations are enforced. They include the right for children from age 12 to get HIV treatment and contraception without consent. Twelve-year-olds can also have pregnancies terminated if they wish.

Musa Mbere, from the department of social development, says: "The reason behind that is to make sure that our law is aligned in terms of age, when children can access contraceptives. Children become sexually active at an early stage. It's a reality that we're dealing with. Secondly, children are abused at a very young age."

Younger age for sexual activity

Concern has been raised that the act might promote sexual activity at a young age. Joan van Niekerk, the national coordinator of Childline, says: "Certainly, one would question the advisability of giving children access to contraception from a very young age. But the reality is… that the age at which children become sexually active is getting younger and younger."

Source: South African Broadcasting Corporation

April 27, 2007

Three-year fight - The father, a convert to Judaism, sees it as a matter of religious observance

ASHBEL S. GREEN

The Oregonian

A former Medford man who converted to Judaism wants his 12-year-old son to do the same. That requires circumcision -- something the mother adamantly opposes.

The divorced couple has been battling over the issue for three years, including whether the boy wants to undergo the procedure. So far, Oregon courts have squarely sided with the father, who has custody.

That doesn't surprise Kathy T. Graham, associate dean for academic affairs at Willamette University College of Law.

"The primary custodial parent is the one that makes the decisions about religion and education and about matters of child-rearing," Graham said.

Other family law experts agree, but say the courts should at least look into the situation to make sure the surgery is in the best interests of the child.

"You're talking about not just religious instruction or whether you're going to send the child to parochial school or public school," commented Lawrence D. Gorin, a Portland attorney. "This is a matter of permanent change of bodily structure. And it's irreversible."

The mother is running out of legal options.

The Oregon Supreme Court has been briefed, but has not decided whether to take the case.

Mark Johnson, a Portland lawyer commenting on the case, said the court shouldn't let the case be decided based only on the legal papers filed on behalf of the mother and father.

"Frankly, the child should have a lawyer," Johnson said.

The Oregonian is not identifying the family members, in order to protect the privacy of the minor.

The couple married in the early 1990s. She filed for divorce in 1998.

The man started studying Judaism in 1999 and eventually converted. He now lives near Olympia . The child initially lived with his mother, but the father later gained custody.

In court papers, the father claims the boy gradually concluded that he also wanted to convert to Judaism and understood that this required circumcision.

The father also claims as the custodial parent he had a constitutional right to raise his son in his religion.

The father made an appointment for a circumcision in 2004.

The mother responded by going to court, saying her son told her that he was afraid to defy his father, but didn't want the procedure.

She asked for a hearing where she could present evidence that the circumcision would be dangerous. She also sought custody of her son.

But Jackson County Circuit Judge Rebecca G. Orf sided with the father.

"I am still of the opinion that the decision of whether or not a child has elective surgery, which this appears to be, is a call that should be made and is reserved to the custodial parent," Orf said in a hearing.

More than a million U.S. infants are circumcised each year, but circumcising adults or teens remains relatively rare.

Despite her ruling, Orf ordered the boy not be circumcised until the legal proceedings were done.

The Oregon Court of Appeals affirmed Orf's decision without an opinion, often an indication that the three-judge panel found no merit to the appeal.

The lawyer for the mother has asked the Oregon Supreme Court to take the case, and gained an ally called Doctors Opposing Circumcision, which filed a brief last week.

There is no schedule for when the court will decide whether to review the case.

The mother's attorney declined to comment.

The father, an attorney who is representing himself, did not return a phone call seeking comment.

Oregon legal experts agree that judges generally defer to the choices of custodial parents.

"Judges traditionally have stayed away in getting involving decisions about the day-to-day upbringing of the child," said Gorin, the Portland attorney.

Still, there are limits.

"It may be that the religious belief is to engage in human sacrifice or kill animals, but we don't do that," he said.

But Julie H. McFarlane, a supervising attorney with the Portland-based Juvenile Rights Project, said that the child's consent for a medical procedure is not required until he turns 15.

"I think the dad has the legal right as the custodial parent to make those kind of religious or medical decisions," McFarlane said. "It's not much different from cosmetic surgery."

The bottom line, McFarlane said, is that "when you lose custody, you lose a lot of those things that go with custody -- deciding whether the kids go to school and the rest of the day-to-day parenting decisions."

Andy Dworkin of The Oregonian contributed to this report. Ashbel "Tony" Green: 503-221-8202; tonygreen@news.oregonian.com

Source: The Oregonian

October 24, 2006

By Judy Peres, Tribune staff reporter

In a case that has been closely watched by anti-circumcision groups nationwide, a Cook County judge ruled Tuesday that the medical benefits of the procedure are not clear enough to compel a 9-year-old Northbrook boy to be circumcised against his will.

The boy's mother and her new husband had claimed the operation was necessary to prevent recurrent episodes of redness and discomfort. The boy's father sought a court order barring the circumcision, which he called an "unnecessary amputation."

The mother has sole custody, but their 2003 parenting agreement gave her ex-husband a say in non-emergency medical decisions. The Tribune is not naming the parents in order to protect the boy's privacy.

In a written opinion handed down Tuesday, Circuit Court Judge Jordan Kaplan said, "The evidence was conflicting and inconclusive as to any past infections or irritations that may have been suffered by the child.

"Moreover," he continued, "this court also finds that the medical evidence as provided by the testimony of the expert witnesses ... is inconclusive as to the medical benefits or non-benefits of circumcision as it relates to the 9-year-old child."

Kaplan said the boy, as a minor, cannot make his own medical decisions but had indicated in a written statement that he does not want to be circumcised.

"The injury to the child as a result of an unnecessary circumcision would be irreversible," Kaplan wrote, adding that his order would remain in effect until the boy turns 18 and can decide for himself whether or not he wants to undergo the procedure.

Because there are no U.S. precedents, other courts could look to this ruling in future cases, said George Hill of Doctors Opposing Circumcision.

Geoffrey Miller, a law professor at New York University, called the ruling a "significant victory" for the growing "intactivist" movement, which has argued circumcision is harmful and violates the rights of children, who can't give informed consent.

Miller conceded Tuesday's decision was "limited by the facts of the case," including the agreement that gives the father the right to be consulted on medical care. Nevertheless, he said, "The fact that a non-custodial parent was able to prevent a custodial parent from having this procedure done is a sign that courts are more receptive to arguments against circumcision than they were in past years."

The father, a 50-year-old building manager from Arlington Heights, said he was relieved by the decision and "so happy."

His lawyer, Alan Toback, said, "We always thought it was not in the child's best interest to have a circumcision at age 9 that was not medically necessary, and the judge agreed."

The mother was not in court Tuesday, and her lawyer, Tracy Rizzo, also was not there because of the death of her father, famed Chicago private investigator Ernie Rizzo. The mother was represented instead by Gail O'Connor, who said, "We're disappointed, of course, but we will abide by the injunction."

Circumcision, in which the foreskin of the penis is surgically removed, usually before a newborn leaves the hospital, was extremely common in the U.S. during the last century. But the percentage of U.S. babies being circumcised has gone from an estimated 90 percent in 1970 to about 55 percent today. In most other countries, circumcision is performed only for religious reasons.

The boy, who never appeared in court, was represented by attorney David Pasulka, who recommended against circumcision at this time.

The eight-month dispute took some nasty turns. Rizzo charged that the father did not care about the boy's health but feared his ex-wife and her new husband were trying to convert the boy to Judaism.

The father's attorneys hinted that the mother's aim was to spite her ex-husband and please her current husband, who is Jewish.

The boy's stepfather and stepbrother are both circumcised, while the biological parents are Catholic immigrants from Eastern European countries where circumcision is rare.

But Kaplan said he did not address "issues of ethnicity or religious beliefs relative to circumcision" because the parents did not raise them in their legal pleadings.

Dan Strandjord, a self-proclaimed "intactivist" who attended every hearing in the case, was elated Tuesday. "I believe this is a human rights issue," said Strandjord.

Source: Chicago Tribune, Chicago, Illinois

Dusseldorf - A 77-year-old Turkish national who performed ritual circumcisions on seven boys was convicted Tuesday in Germany of causing dangerous bodily harm and fined €2 100 (about R20 000).

Prosecutors told the state court in Dusseldorf that circumcision was only allowed in Germany for medical reasons and could only be performed by surgeons. Traditional Turkish Muslims practise circumcision on boys aged 6 to 11 as a manhood initiation ritual.

The accused did not attend the trial, a re-hearing in an appeal court, two years after he had been fined the same amount.

At the original trial, the accused agreed he had performed the circumcisions at the request of parents in several cities. Police who seized the surgical instruments at his home described them as dirty and university scientists said he did not follow hygiene rules. - Sapa-dpa

Source: Independent Online - Cape Town, South Africa

Finland’s first court ruling on male child circumcision was handed down by a Finnish court on Friday. A Muslim mother faced charges of assault in Tampere District Court for having her four-year-old son circumcised. The incident was reported to the police by the boy’s father, who had not been consulted. The court found that the mother’s action was illegal. However, it did not assign any punishment. The mother defended her action by saying that she thought that circumcisions performed by doctors were legal in Finland. The case will now go to the Court of Appeals.

The mother said that the procedure is part of the family’s religion and cultural heritage. The court found that interfering with personal inviolability could be allowed only in cases specifically permitted by law. "There is a perception in Finland that only girls’ circumcisions are banned by law. There is no specific legislation about them; both types are illegal under the same criminal law. After all, in both procedures, part of healthy genitalia is removed without medical foundation, or competent consent", says local prosecutor Jouko Nurminen. Nurminen says that the "misconception" may have arisen in connection with the drafting of the new constitution, at which time only the circumcision of girls was part of the debate. In its decision, the court notes that not even a long religious tradition justifies protecting the bodily inviolability of boys to a lesser degree than that of girls.

A working group of the Ministry of Social Affairs and Health proposed a few years ago that circumcisions performed under medical supervision in hospitals should be allowed. The working group wanted to avoid complications from operations performed at home, and to reduce the suffering of the child.

Legislation is somewhat vague on the matter, and practice varies in Finland. For instance, a report drafted by the Ministry of Social Affairs and Health in 2004 notes that male circumcision is permitted in all countries. "There is no legislation on male circumcision, but there is also no prohibition. The operations have been performed on the basis of common law", says Riitta-Maija Jouttimäki, a lawyer for the Ministry of Social Affairs and Health.

Source: Helsingin Sanomat - Helsinki, Finland

By Janine Stephen

A group of men caused a stir in parliament on Tuesday by calling for an end to all circumcision of baby boys - or anyone under 18 years old.

The National Organisation of Circumcision Information Resource Centres South Africa (NOCIRC-SA) is fighting for boys' rights to retain their foreskins. They say that circumcision without consent is a "violation of a child's rights".

They are supported by a number of other local and international organisations, including the International Coalition of Genital Integrity, Doctors Opposing Circumcision and the National Organisation of Restoring Men (NORM).

The select committee on social development was holding public hearings into the Children's Bill, which outlaws female genital mutilation and virginity testing.

Under the proposed Bill, which has already been approved by the national Assembly, anyone who practises female genital mutilation or virginity testing is guilty of an offence and can be imprisoned for up to 10 years.

"Male circumcision should not be isolated from female circumcision," Dean Ferris of NOCIRC said.

This is unlikely to go down well with Jewish, Islamic and Xhosa groups, all of which see circumcision as an essential part of their cultures.

According to a Children's Institute discussion paper on the Children's Bill, if a child is old enough to give consent, then the boy has the right to say no. Forcing a child to be circumcised is a criminal offence. The bill is silent on the age for consent.

However, circumcising baby boys who are too young to give consent, is not outlawed.

A written statement submitted to the select committee by NORM states that: "As children, we were unable to voice our objections to halt these ritual genital mutilations that were carried out on us in hospitals and beyond.

"We are now able as adults to loudly and unreservedly condemn such sexual abuse."

Ferris said that the South African Medical Association has said that there is no need for circumcision from a medical point of view.

"It's a human issue," said paediatrician Dr Daniel Sidler. "It's about the integrity of the genitals. We're fiddling with normal and healthy genitals."

Source: Scotsman.com - Edinburgh, Scotland

STAMFORD, Conn. -- An Oxford couple on Wednesday sued a doctor who they say partially amputated their son's penis during a circumcision at St. Vincent's Hospital in Bridgeport.

Immediately after his injury last June, the day-old boy was transferred to Yale-New Haven Hospital where he underwent reconstructive surgery.

"We are bringing this case because we already know this baby has suffered a horrible, life-altering physical injury, but we are still learning about the long term ramifications of the injury," said Ernest Teitell, one of the boy's attorneys. "What happened will profoundly affect him as he grows older."

Circumcision, often performed for religious reasons, involves removing foreskin from the penis. The American Academy of Pediatrics says most complications from the procedure, such as bleeding, are usually minor.

Robin Biondo, the boy's mother, said Dr. Daniel S. Gottschall cut off 40 percent of the tip of her son's penis.

"It was a very difficult thing to go through to see your new born child laying there and wondering how much pain he was in and how this is going to affect him," Biondo said.

In 2001, a jury in California awarded $1.42 million to a 7-year-old boy for a botched circumcision. In another case, the late David Reimer, a Canadian, was born as a boy but raised as a girl after a botched circumcision.

The lawsuit, filed in Bridgeport Superior Court, seeks unspecified damages from Dr. Gottschall, who performed the surgery last June, and his medical and surgical group, Alliance for Women's Health.

Gottschall said he has performed more than 1,000 circumcisions without a problem.

"There was a slight tip that was removed, recognized and repaired," Gottschall said. "We believe there was a congenital deformity of the penis that made the injury more likely. Because of my diligence, the boy had the repair that was necessary."

The boy, now nine months old, spent about 10 days in the hospital, according to his mother.

"We were always told it was uncharted territory because they had never seen anything like this before," Biondo said.

The boy's attorneys said the lawsuit was brought in part "because the family wants to make sure something this awful doesn't happen to another child when their parents decide to have them undergo this same procedure."

Source: The Advocate - Stamford, Connecticut

(Copyright 2005 by The Associated Press. All Rights Reserved.)

NEW YORK, NY - City health officials are trying to stop a Rockland County rabbi from performing circumcisions, after a baby boy died from herpes he allegedly contracted from the rabbi during a circumcision.

The city Department of Health said Wednesday it is seeking a permanent injunction against Rabbi Yitzhok Fischer. The DOH says Fischer uses an ancient religious custom of using his mouth to suck the infant's blood after cutting the foreskin.

According to court papers filed in Manhattan, a 3-week-old boy died from herpes 10 days after he and his twin brother were circumcised by Fischer in October. The boy’s twin was also infected with the virus.

In addition, a Staten Island boy was also reportedly infected with herpes after a circumcision performed by Fischer in 2003.

DOH officials say Fischer did not comply with an order given in November to stop performing circumcisions and to have his blood tested.

“Infants, particularly under the age of six months, are highly susceptible to infections. They do not have a functioning immune system," said Health Commissioner Dr. Thomas Frieden.

Fischer's attorney says his client is cooperating with the city in an effort to determine what he says is “the true source” of the infection.

Source: NY1 News - New York, NY

Man sentenced to 36 months for circumcision attempt

RIDGEFIELD, Wash. - A Clark County father of nine has been sentenced to 36 months in prison after trying to circumcise his eight-year-old son with a knife. A jury found Edwin Baxter guilty of assault last week. The judge formally sentenced him today.

In September, Baxter used a three-inch serrated hunting knife but called 9-1-1 when his son's bleeding would not stop. The boy had to get several stitches.

The Ridgefield, Washington, man says he was inspired to do the circumcision after reading the Bible. He says he did not mean to hurt his son.

(Copyright 2004 by The Associated Press. All Rights Reserved.)

Source: KATU 2 News - Portland, Oregon

October 4, 2004

Dutch MP wants ban on male circumcision

HILVERSUM, THE NETHERLANDS - A Dutch Member of Parliament, Hirsi Ali, has told a Dutch television programme that the government should consider making the circumcision of boys an offence. The MP, who is often in the news for her controversial views on integration, says circumcision can have long-term damaging effects.

The operation, in which the foreskin of the penis is removed, is carried out on tens of thousands of Islamic and Jewish boys in the Netherlands each year for religious reasons. The Dutch government recently outlawed female circumcision.

Source: Radio Netherlands - Hilversum, The Netherlands

Father charged with assault for trying to circumcise son

RIDGEFIELD, WASH. - A Ridgefield, Washington, man faces assault charges after trying to circumcise his eight-year-old son with a kitchen knife.

The boy had to get several stitches, after his father called 911 because the child was bleeding so much.

Thirty-three-year-old Edwin Baxter appeared in Clark County Court yesterday. Baxter could get ten years in prison.

Baxter says he was inspired to do the circumcision after reading the Bible.

Baxter lives with his wife and nine children in a two bedroom rental home. Baxter was once convicted of domestic violence in 1993.

(Copyright 2004 by The Associated Press. All Rights Reserved.)

Source: KATU 2 News - Portland, Oregon

August 10, 2004

Circumcision completed, despite mom's opposition

By Cherryh Cluckey, The Examiner

Three-year-old Ethan Azar is recovering well from his recent circumcision, said his father, Ray Jagoda.

"It was quick and done under anesthesia," he said.

A doctor performed the procedure last week despite opposition from the boy's mother.

Camille Azar, Independence, was denied an order to protect a child from medical harm from the Jackson County Circuit Court several weeks ago and was then denied a writ of prohibition from the Court of Appeals.

She petitioned the Missouri Supreme Court to intervene in July. The court was to determine whether the circuit court should listen to the case instead of dismissing it.

However, Jagoda went ahead with the surgery.

"It was for religious reasons and we found it was medically necessary," he said. "...Or Ethan would have had future problems if we didn't do it."

Camille Azar disagreed.

"That's not true," she said. "Saying it was medically justified is a fabrication to justify what he did."

Jagoda would not reveal where the surgery was done or who performed it, conditions the doctor had requested.

Camille Azar said she is angry for her son.

"He will not be able to function normally the way nature intended," she said. "There were experts who tried to talk (to Jagoda about the negative side of circumcision). Two were even world experts, but he refused."

Jagoda said he was under no legal obligation to wait for the circumcision.

"I just had to find someone who had not been intimidated by Camille," he said.

Jackson County Circuit Judge Christine Sill-Rogers gave Jagoda full custody of Ethan in May; Azar gets supervised visits. They had been sharing custody, but Azar previously had full custody.

July 15, 2004

Mother seeks high court order to block circumcision

By Steve Rock, The Kansas City Star

Kansas City, MO - A Lee's Summit woman is asking the Missouri Supreme Court to prevent the “unneeded and irreparable'' circumcision of her almost 3-year-old son.

The attorney for Camille Azar filed a petition for a writ of prohibition Wednesday with the Supreme Court, effectively asking the state's highest court to reverse a decision made in Jackson County Circuit Court. Ultimately, Azar hopes to stop Ray Jagoda, the child's father, from having their son circumcised.

The child turns 3 in September and, according to the petition, is “aware of his own body.”

“The potential for psychological harm from non-infant circumcisions is well established and great,” the petition states.

Michael Whitsitt, the attorney for Jagoda, said Wednesday he had no comment about the latest development in the case.

Jagoda and Azar never married, and Jackson County Circuit Judge Christine Sill-Rogers granted full custody to Jagoda earlier this year. Azar, who was the child's primary caregiver until he was about 29 months old, has appealed that ruling.

Her immediate concern, she said Wednesday, is preventing a circumcision that she deems unnecessary and potentially harmful. According to the petition filed with the Supreme Court, “Mr. Jagoda has indicated that he is determined to circumcise the child immediately, with or without a doctor, with or without anesthesia.”

Azar said Wednesday that, according to studies she has read and experts she has spoken with, her son's age might be the worst for a child to be circumcised.

“This is the most frightening age and damaging age psychologically,” she said. “I have to protect him.

“He knows his body very well. He's aware enough to understand what his body is like now but not able to understand why part of that would be taken away. Kids this age see the operation as a punishment, a mutilation, a castration.”

Azar said she is generally opposed to the idea of circumcision. If her son were old enough to decide for himself, she said, she wouldn't object.

So she's taking her fight to the state's highest court.

According to legal rules, Whitsitt has 10 days to file suggestions and oppositions.

“Circumcision … would be the removal of perfectly healthy tissue from a person not legally competent to object,” the petition states. “Circumcision is non-reversible amputation. It is the permanent destruction of living, non-threatening, sensitive tissue.”

December 4, 2003

Denmark: National Council for Children calls for ban on male circumcision

The National Council for Children has called on lawmakers to make male circumcision illegal.

While media reports of female circumcision in Denmark have caused a public outcry and prompted lawmakers to amend existing legislation, this unacceptable practice is still a lot less common than the circumcision of boys, the chairman of the council told Danish media this morning.

Source: DR Nyheder Online - Denmark