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For Immediate Release - February 23, 2004
•
Contact:
Matthew Hess, President
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comments@mgmbill.org
Male Circumcision Bill Proposals Submitted to
Congress, California Legislature
SAN DIEGO, California - MGMbill.org announced that it
submitted its male genital mutilation bill proposals to
Congress and the California State Legislature today for
consideration. Both bills would amend current laws that
protect girls from circumcision but not boys – a
situation that a growing number of people believe is a
violation of the equal protection clause of the
Fourteenth Amendment to the U.S. Constitution.
The proposed bills were faxed to each member of Congress
and the California State Legislature this morning, with
the exception of 22 legislators whose fax machines were
unreachable. MGMbill.org enlisted the services of a
Washington, D.C., lobbying support firm to coordinate
the faxing task (638 faxes in all), with the remaining
22 members receiving their bills via email.
Matthew Hess, President of San Diego based MGMbill.org,
said he hopes to find a few sympathetic lawmakers who
will agree to sponsor his bills. "Somewhere in the halls
of government there are legislators who know that
circumcision is very, very wrong," said Hess. "Genital
mutilation is an issue that both political parties
should be able to come together on to address, and I
hope that some of our elected leaders are willing to
step forward and sponsor this legislation. Boys are
entitled to the same legal protection from circumcision
as girls under the Fourteenth Amendment, but the law as
it is currently written protects only girls.”
Both of Hess’s bills would also provide protection from
genital mutilation to intersex children, and would
increase the maximum imprisonment time for an offense to
14 years (from the current 5 - 7 years).
“Intersex people are a widely misunderstood group,” said
Hess. “After all, most of us were taught that there are
only two sexes – male and female. But in reality sex is
sometimes measured in degree, and intersex people have a
right to keep their genital organs intact the same as
other children. Through education and understanding, the
world can learn to accept intersex people as they are -
the same way we learned to accept those of different
races, colors, and sexual orientations.”
Hess concedes that he faces a challenge in getting his
bills passed. “There will be opposition to these bills,”
he acknowledged. “But if neither bill passes this year,
then I will be back next year, and the year after that.
This is the beginning of a long term effort.”
Male genital mutilation, commonly referred to as
circumcision, is the surgical removal of the foreskin
from the penis. Although medical research shows that the
foreskin is richly endowed with thousands of specialized
nerve endings capable of feeling sexual pleasure, and
that a foreskin makes intercourse more pleasurable for
both the male and his partner, nonmedical circumcision
still persists in the United States. In 2004, it is
estimated that up to 60% of American boys will have
their foreskins surgically removed for social,
“hygienic”, or religious reasons.
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
faxed to Rep. Susan Davis, MGMbill.org's local House
Representative. Each of the other 539 legislators
received a similar personalized cover letter and
identical bill.
February 23, 2004
Congresswoman Susan Davis
U.S. House of Representatives
1224 Longworth House Office Building
Washington, DC 20515
4 pages, via facsimile
Dear Congresswoman Davis,
I am writing to tell you about something
that happened to me in my home country when
I was a small child, with the hope that you
might be able to prevent it from happening
to other children. One day I was taken to a
building where a man and a woman bound my
hands and legs and strapped me onto a table.
Once I was tied down, with my legs pried
apart, the man used a sharp knife to cut off
the most sensitive part of my genitalia as I
screamed and struggled to escape. When he
finished, the pain was so overwhelming that
I withdrew into shock and passed out. I woke
up later and found myself home in bed, a
victim of an ancient cultural practice known
as genital mutilation.
What was taken from me that day can never be
returned. My sense of personal security, my
trust in other people, and my ability to
experience sexual enjoyment were forever
damaged. Sadly, I am only one of many
victims who has suffered this fate.
Some people in my country say that children
have to be cut because it’s tradition or
that it is required by our religion, and
that uncut genitalia is ugly and unsanitary.
But I say that my body belongs to me, not to
someone else. No one has the right to steal
such a valuable part of another human being.
I wonder how you feel about this. I suppose
it is not hard to guess. If you pictured me
on that table as a frightened, screaming
girl, your heart undoubtedly goes out to me.
You want to cry. You want to throw this
letter against the wall, and you want to
find and punish the man and the woman who
mutilated me.
But, on the other hand, if you pictured me
on that table as a screaming and scared
little boy, your feelings might be quite
different. You might simply be thinking “Oh,
he’s just talking about circumcision.”
Well, I guess I should tell you that the
person tied down on that table was a little
boy. His name was Matthew – that’s me. The
building was a hospital in the United States
of America, and the man who cut me was a
respected doctor. The woman who tied me down
was his nurse.
As a representative of the people, do you
believe that everyone has a right to equal
protection of the law? If you do, then do
you see the unfairness of the Female Genital
Mutilation Prohibition Act? It protects our
girls from having their genitals mutilated
in the name of custom, religion, hygiene, or
any other reason, but it lets our boys fend
for themselves. Unfortunately, helpless
babies and children cannot say “no” to
genital mutilation. They need their
government to protect them.
As an elected member of Congress, you have
the power to help end this cycle of
violence. Enclosed with this letter is my
proposed bill to amend the Female Genital
Mutilation Prohibition Act of 1996 to
include language that protects all
children from having their genitals
mutilated, regardless of their gender. I
humbly ask you to sponsor it.
Before making your decision, you may wish to
learn more about the lifetime consequences
that circumcision has on each of its
victims. One way to do that is to visit the
FAQ and Resources areas of my
website, at www.mgmbill.org.
At the conclusion of your research, I hope
you will recognize that circumcision is not
just a crime against boys, but a crime
against men and all of humanity as well. It
is a practice that we need to end now.
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 2004"
Be it enacted by the Senate and House of
Representatives of the United States of America
in Congress assembled,
to amend S.1030 - 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 2004".
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) necessary
to the physical health of the person on whom it
is performed, and is performed by a person
licensed in the place of its performance as a
medical practitioner; or (2) performed on a
person in labor or who has just given birth and
is performed for medical purposes connected with
that labor or birth 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
California MGM Bill 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
California bill.
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THE STATE
OF CALIFORNIA AMENDED BILL TEXT
CALIFORNIA 2003-04 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.
(c)
Nothing in this section shall preclude
prosecution under Section 203, 205, or 206 or
any other provision of law. |
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