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For Immediate Release - February 28, 2005
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Contact:
Matthew Hess, President
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comments@mgmbill.org
Bill Proposals Would Provide Equal Protection From
Circumcision
SAN DIEGO,
California - Today marks the second attempt by a San
Diego based health and human rights organization to
protect boys from the practice of circumcision. Although
girls in the U.S. have been legally protected from
circumcision and other forms of genital cutting since
the Female Genital Mutilation Act was passed by Congress
in 1996, protection for boys has lagged.
Circumcision
is a medically unnecessary surgery to remove the
foreskin. Research has shown that the male foreskin
contains specialized nerve endings designed to enhance
sexual pleasure, and that it protects the sensitivity of
the soft erogenous tissue of the penis. Despite such
evidence, slightly more than half of all American boys
are routinely circumcised for cultural and religious
reasons.
That may
change soon, however, if MGMbill.org's "Male Genital
Mutilation Bill" proposal finds a sponsor. The proposed
legislation has drawn responses from a number of
legislators, including Rep. Susan Davis, D-CA, a sponsor
of several health bills. "[MGMbill.org's] level of
commitment to changing current policy is admirable,"
commented Davis. "[They] have obviously given this issue
a great deal of thought. I believe the most important
work occurs at the grassroots level and [MGMbill.org's]
efforts are helping to reshape existing attitudes
towards circumcision."
Human rights
activists opposed to male circumcision are generally
supportive of the proposed bill. "There is a legal
double standard in regard to circumcision that needs to
be corrected," said David Wilson, Director of Stop
Infant Circumcision Society in Cocoa Beach, Florida.
"Enactment of the MGM Bill would ensure that all
children are equally protected from medically
unnecessary genital modifications, regardless of
gender." Wilson has actively protested against male
circumcision for years and he frequently travels around
the country to participate in public demonstrations.
A mother who
decided to have her son circumcised based on the advice
of her physician backs the bill as well. "A year has
passed since my son's circumcision, and still I feel
pangs of guilt every time I bathe him," said Sandra
Aldrich of Anchorage, Alaska. "I was supposed to protect
him from harm, and instead I was encouraged by everyone
I know to participate in taking something from him that
can never be given back. I wonder how the stress and
pain affected his developing brain as he endured a full
15 minutes of what I can only describe as torture. The
first thing I said to my mother after we left the
doctor's office (in tears) is that I can't believe it's
legal to have this done to a child."
The proposed
legislation is also gaining support from men who were
circumcised as children. Jeremy Boyle of Indianapolis,
Indiana, said that although the MGM Bill is too late to
protect him, he wants it to become law so that other men
don't have to go through what he did. "I was mutilated
as an infant because of circumcision," said Boyle. "I
know I'll never get to experience being whole, but I
want to help ensure that future generations can have
what was stolen from me. Male genital mutilation is a
crime that should be treated no differently than female
genital mutilation."
The MGM Bill
proposal was faxed to each House Representative and U.S.
Senator today. A state level bill proposal was also
faxed to each member of the legislature in California,
the home state of MGMbill.org. Like its federal
counterpart, current California law protects only one
gender from circumcision.
Matthew Hess
of MGMbill.org argues that laws protecting only one
gender from genital mutilation are unconstitutional.
"Both the U.S. Constitution and the California
Constitution guarantee all citizens equal protection
under the law," said Hess. "It is a fact that
circumcision damages sexual function in both genders,
and yet only one gender is legally protected from it. We
don't allow girls to be circumcised anymore. Why are we
still letting it be done to boys?"
Below is the
full text of the bill proposal that was submitted to all
540 members of Congress. Also included is the cover
letter that accompanied the bill proposal that was
submitted to Rep. Susan Davis, MGMbill.org's local House
Representative. Each of the other 539 legislators
received a similar personalized letter and identical
bill.
February 28, 2005
Representative Susan Davis
U.S. House of Representatives
1224 Longworth House Office Building
Washington, DC 20515
3 pages, via facsimile
Dear Representative Davis,
Since I submitted the first MGM Bill proposal to Congress last
year, more than one million American baby
boys have had the most sexually sensitive
parts of their penises cut off for medically
unnecessary reasons. In none of these cases
did the victims give their consent.
As you know, the American Academy of Pediatrics and the American
Medical Association advise against
circumcision for girls and boys.
There is also a large body of medical
evidence documenting the harmful physical
and psychological effects that circumcision
has on both women and men.
And yet, only one gender is legally
protected from circumcision.
Male circumcision removes thousands of
erogenous nerve endings, including the
ridged band and some or all of the frenulum.
In addition, circumcision deprives the glans
and remaining shaft skin of its natural
protective covering, causing the body to
respond by forming multiple layers of
desensitizing keratin.
Circumcision also destroys the frictionless
natural gliding mechanism that protects
against chafing and dryness during sexual
intercourse.
The physical damage I just described does not even begin to address
the psychological damage that often follows.
On behalf of male circumcision victims
around the country, I ask you once again to
please sponsor the enclosed bill proposal,
which would amend the U.S. Female Genital
Mutilation Prohibition Act to include
protection for boys.
It is time for the injustice of male genital mutilation to come to
an end.
Sincerely,
Matthew Hess
President, MGMbill.org
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Genital Mutilation Prohibition Act
IN THE HOUSE AND SENATE OF THE UNITED STATES
---------------------------------------------------------------
A Bill
Entitled the "Federal Prohibition of Genital
Mutilation Act of 2005"
Be it enacted by the Senate and House of
Representatives of the United States of America
in Congress assembled,
to amend the Female Genital Mutilation
Act of 1996 (a) so that boys, intersex
individuals, and nonconsenting adults may also
be protected from genital mutilation; (b) to
increase the maximum punishment of offense to 14
years imprisonment, (c) to include assistance or
facilitation of genital mutilation of children
or nonconsenting adults as an offense, and (d)
to prohibit persons in the U.S. from arranging
or facilitating genital mutilation of children
and nonconsenting adults in foreign countries.
SECTION 1. SHORT TITLE
This Act may be cited as the "Federal
Prohibition of Genital Mutilation Act of 2005".
SECTION 2. TITLE 18 AMENDMENT
(A) IN GENERAL.--Title 18, Part I, Chapter 7,
Section 116 of the United States Code is
amended by revising the text to read as
follows:
"116. GENITAL MUTILATION
"(a) Except as provided in subsection (b),
whoever knowingly circumcises, excises, cuts, or
mutilates the whole or any part of the labia
majora, labia minora, clitoris, vulva, breasts,
nipples, foreskin, glans, testicles, penis,
ambiguous genitalia, hermaphroditic genitalia,
or genital organs of another person who has not
attained the age of 18 years or on any
nonconsenting adult; whoever prematurely and
forcibly retracts the penile or clitoral prepuce
of another person who has not attained the age
of 18 years or on any nonconsenting adult,
except to the extent that the prepuce has
already separated from the glans; whoever
knowingly assists with or facilitates any of
these acts; or whoever arranges, plans, aids,
abets, counsels, facilitates, or procures a
genital mutilation operation on another person
outside the United States who has not attained
the age of 18 years or on any nonconsenting
adult outside the United States shall be fined
under this title or imprisoned not more than 14
years, or both.
"(b) A surgical operation is not a violation of
this section if the operation is (1) performed
on a person who has not attained the age of 18
years and is necessary to the physical health of
the person on whom it is performed because of a
clear, compelling, and immediate medical need
with no less-destructive alternative treatment
available, and is performed by a person licensed
in the place of its performance as a medical
practitioner; (2) performed on an adult who is
physically unable to give consent and there is a
clear, compelling, and immediate medical need
with no less-destructive alternative treatment
available, and is performed by a person licensed
in the place of its performance as a medical
practitioner; or (3) performed on a person in
labor or who has just given birth and is
performed for medical purposes connected with
that labor or birth because of a clear,
compelling, and immediate medical need with no
less-destructive alternative treatment
available, and is performed by a person licensed
in the place it is performed as a medical
practitioner, midwife, or person in training to
become such a practitioner or midwife.
"(c) In applying subsection (b), no account
shall be taken of the effect on the person on
whom the operation is to be performed of any
belief on the part of that or any other person
that the operation is required as a matter of
custom or ritual.
(B) CLERICAL AMENDMENT.--The table of sections
at the beginning of Chapter 7 of Title 18, Part
I, of the United States Code, is amended by
revising Section 116 to read "116. Genital
mutilation."
SECTION 3.INFORMATION AND EDUCATION REGARDING
GENITAL MUTILATION
(A) IN GENERAL. -- The Secretary of Health and
Human Services shall carry out the following
activities:
(1) Compile data on the number of persons of all
sexes living in the United States who have been
subjected to genital mutilation (whether in the
United States or in their countries of origin),
including a specification of the number of
children under the age of 18 who have been
subjected to such mutilation.
(2) Identify communities in the United States
that practice genital mutilation, and design and
carry out outreach activities to educate
individuals in the communities on the physical
and psychological effects of such practice. Such
outreach activities shall be designed and
implemented in collaboration with
representatives of the ethnic groups practicing
such mutilation and with representatives of
organizations with expertise in preventing such
practice.
(3) Develop recommendations for the education of
students of schools of medicine and osteopathic
medicine regarding genital mutilation and
complications arising from such mutilation, as
well as complications arising from premature
forcible retraction of the prepuce. Such
recommendations shall be disseminated to such
schools.
(B) IN GENERAL. -- The President shall carry out
the following activities:
(1) Seek to end the practice of genital
mutilation worldwide through the active
cooperation and participation of governments in
countries where genital mutilation takes place.
(2) Steps to end the practice of genital
mutilation should include--
(a) encouraging nations to establish clear
policies against genital mutilation and
enforcing existing laws which prohibit it;
(b) assisting nations in creating culturally
appropriate outreach programs that include
education and counseling about the dangers of
genital mutilation to people of all ages; and
(c) ensuring that all appropriate programs in
which the United States participates include a
component pertaining to genital mutilation, so
as to ensure consistency across the spectrum of
health and child related programs conducted in
any country in which genital mutilation is known
to be a problem.
(C) DEFINITIONS. -- For purpose of this Act, the
term "genital mutilation" means the removal or
cutting (or both) of the whole or part of the
clitoris, labia minora, labia majora, vulva,
breasts, nipples, foreskin, glans, testicles,
penis, ambiguous genitalia, hermaphroditic
genitalia, or genital organs. The term
"premature forcible retraction of the penile or
clitoral prepuce" means forced retraction of the
prepuce from the glans, except to the extent
that the prepuce has already separated from the
glans. The term "prepuce" means foreskin. The
term "adult" means a person who has attained the
age of 18 years. The term "nonconsenting" means
not wishing to undergo genital mutilation.
SECTION 4. EFFECTIVE DATES
Section 2 of this Act shall take effect
immediately after the date of the enactment of
this Act. Section 3 of this Act shall take
effect immediately after the date of the
enactment of this Act, and the Secretary of
Health and Human Services and the President
shall commence carrying it out not later than 90
days after the date of the enactment of this
Act. |
Here is the
state level bill proposal that was submitted to all 120
members of the California State Legislature in
Sacramento. A personalized cover letter similar to the
one sent to members of Congress was included with each
bill.
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THE STATE OF CALIFORNIA AMENDED BILL TEXT
CALIFORNIA 2005-06 REGULAR SESSION
A BILL
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT
AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
"California State Prohibition of Genital
Mutilation Act."
SECTION 2. The Legislature hereby finds and declares all of the
following:
(a) This legislation amends the prior version of this law (a) so that
boys and intersex individuals may also be
protected from genital mutilation, and (b) to
increase the combined maximum punishment of
offense to 14 years imprisonment. Genital
mutilation is an extreme form of child abuse and
a violation of people’s basic human rights.
Genital mutilation is a medically unnecessary
modification of the genitalia which for girls
typically occurs at about seven years of age,
but is known to be practiced any time between
infancy and puberty. For boys, genital
mutilation typically occurs within eight days of
birth, but is known to be practiced any time
between infancy and twenty years of age. Genital
mutilation for girls involves the excision of a
young girl's clitoris and other parts of the
external genitalia. The most extreme form of
this mutilation, known as infibulation, also
involves the sewing together of the two sides of
the vulva, leaving only a small opening for the
passage of menstrual blood and urine. Genital
mutilation for boys involves the excision of a
young boy’s foreskin, which includes the ridged
band of nerves and usually the frenulum. Boys
whose foreskins are left intact are often
subjected to premature forcible foreskin
retraction, which can cause bleeding, scarring
of the glans, and other problems. For intersex
individuals (those born with ambiguous or
hermaphroditic genitalia), genital mutilation
typically occurs in hospitals shortly after
birth, when the attending physician performs
“sex assignment” surgery to make the child fit
into the category of boy or girl, rather than
intersex.
(b) Female genital mutilation is known to be practiced in 28 nations
in the African continent, in a few countries in
the Arab Peninsula, among some minority
communities in Asia, and among migrants from
these areas who have settled in Europe,
Australia, and North America. This practice has
come to California with the influx of recent
immigrant groups from countries that practice
female genital mutilation. In addition to the
countries where female genital mutilation is
practiced, male genital mutilation is widely
practiced in the United States, Australia, South
Korea, the Philippines, and the Middle East, and
is more widespread than female genital
mutilation. Statistics on intersex genital
mutilation are not as well documented, but in
the United States it is not uncommon for an
attending medical practitioner to perform
genital mutilation on intersex infants.
(c) With the passage of the original version of this act in 1996 (the
California State Prohibition of Female Genital
Mutilation Act), female genital mutilation of
minors became a criminal offense in the State of
California. Male genital mutilation was not
addressed, however, and the latest statistics
indicate that some 35% of young boys in
California have their genitals mutilated in the
name of health, hygiene, social custom, or
religion. Unlike with female genital mutilation,
male genital mutilation is practiced openly, in
both hospitals and religious ceremonies, without
regard to the physical and psychological harm
that it causes each of its victims. Intersex
genital mutilation was also not addressed. The
Intersex Society of North America estimates that
the number of “normalizing” genital mutilations
is roughly 1 or 2 per 1,000 births, with
approximately 1 in 1,666 births being classified
as intersexed.
(d) Genital mutilation constitutes a major health risk to all people,
with lifelong physical, psychological, and human
rights consequences. Complications due to female
genital mutilation include shock, hemorrhage,
infection, tetanus and septicemia from
unsterilized instruments, bladder infection, and
even death. Long-term complications include
sexual dysfunction, chronic vaginal and uterine
infections, severe pain during urination,
menstruation, and sexual intercourse, obstetric
complications due to obstruction of the birth
canal by scar tissue, and lifelong psychological
trauma. For the obstructed infant, labor can
lead to brain damage or death. Complications due
to male genital mutilation include hemorrhage,
infection, excessive skin loss, skin bridges,
glans deformation, bowing, meatal stenosis, loss
of penis, and death. Long term complications
include sexual dysfunction, loss of sexual
sensitivity, increased friction and pain during
sexual intercourse, and lifelong psychological
trauma. The complications of intersex genital
mutilation are similar to, and may be even more
traumatic than, the complications of female and
male genital mutilation.
(e) This 4,000-year-old cultural practice is not a requirement of any
major religion. According to the World Health
Organization, most families allow their
daughters to undergo female genital mutilation
out of fear that no man will want to marry an
"uncircumcised" woman and that she will be
ostracized from the community. Further, some
women believe that clitoridectomy or
infibulation are not only more hygienic, but
will also increase a woman's fertility. In some
tribes, infibulation is performed to protect
family lineage through ensuring that wives are
virgins at marriage and that the children are
verifiably the men's descendants. For boys,
circumcision is encouraged so that boys will
look like others in their community, so they
will look the same as their father, and so they
will have a penis that is perceived to be more
hygienic. In religious circumcisions, male
genital mutilation is typically encouraged as a
“covenant of blood”, and as a way to
predetermine the religion of the child. To the
extent that intersex children are circumcised
for religious reasons, quite often it is based
on whether the child is perceived to be “more
male” or “more female”.
(f) The World Health Organization, which urges the elimination of
female genital mutilation, estimates that
2,000,000 girls undergo female genital
mutilation each year. Worldwide, approximately
128,000,000 girls and women, now living, have
been subject to the procedure. The National
Organization to Halt the Abuse and Routine
Mutilation of Males estimates that
13,000,000
boys undergo male genital mutilation each year.
Worldwide, approximately
650,000,000 boys and men, now living, have been
subject to the procedure. As stated in section
(c), The Intersex Society of North America
estimates the number of genital mutilations at
roughly 1 or 2 per 1,000 births.
(g) It is time for this state to join with genital integrity and human
rights organizations to condemn this harmful and
outdated procedure. The state must take a
proactive role to prevent these mutilations
through education and outreach activities to
make all state citizens aware of California
laws, standards, and expectations for child
protection. Heightened awareness among child
protective services workers, health care
providers, educators, and law enforcement
personnel will also aid in achieving this end.
Finally, criminal investigations and
prosecutions should be carried out, when
necessary, to send a strong message that
California abhors this practice and views its
abolition as paramount to the health and welfare
of these young children.
SECTION 3. Article 8 (commencing with Section 124170) of Chapter 3 of Part 2
of Division 106 of the Health and Safety Code,
is amended to read:
Article 8. Genital Mutilation Prevention
124170. The State Department of Health Services, in consultation with the
State Department of Social Services and the
appropriate federal agency or department, shall
establish and implement appropriate education,
preventative, and outreach activities, focusing
on the new immigrant populations that
traditionally practice female genital
mutilation, on hospitals that traditionally
practice male and intersex genital mutilation,
and on religious groups that traditionally
practice male genital mutilation, for the
purpose of informing members of those
communities of the health risks and emotional
trauma inflicted by this practice and informing
those communities and the medical community of
the prohibition and ramifications of Section
273.4 of the Penal Code.
SECTION 4. Section 273.4 of the Penal Code is amended to read:
273.4. (a) If the act constituting a felony violation of
subdivision (a) of Section 273a was genital
mutilation, as defined in subdivision (b), the
defendant shall be punished by an additional
term of imprisonment in the state prison for
two, four, or eight years, in addition and
consecutive to the punishment prescribed by
Section 273a.
(b) "Genital mutilation" means the circumcision, excision, cutting,
mutilation, or infibulation of the whole or any
part of the labia majora, labia minora,
clitoris, vulva, breasts, nipples, foreskin,
glans, testicles, penis, ambiguous genitalia,
hermaphroditic genitalia, or genital organs, or
any forcible retraction of the penile or
clitoral prepuce (except to the extent that the
prepuce has already separated from the glans)
performed for nonmedical purposes. “Nonmedical
purposes” means any reason other than a clear,
compelling, and immediate medical need with no
less-destructive alternative treatment
available.
(c) Nothing in this section shall preclude prosecution under Section
203, 205, or 206 or any other provision of law. |
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