The Celebrate Israel Festival on May 31 at Pier 94, slated to be the largest gathering to date of Israeli-Americans in New York.
Anyone who reads the text of the New York City Department of Health’s proposed rule regarding metzitzah b’peh will immediately notice that two fundamental concerns have been virtually ignored in all of the public debate over the measure.
Certainly there have been very public arguments over the propriety or impropriety of governmental regulation of a religious practice and over the evidence or lack of same linking the procedure to herpes. And there are many who have raised the “slippery slope” concern that regulating an adjunct of bris milah will inevitably lead to further restrictions on the core practice itself, even though the DOH proposal would only require that parents be made aware of the risks associated with the practice in order to be able to make an informed consent. But therein lies the rub.
In pertinent part, the proposed new rule provides as follows:
Consent for direct oral suction as part of a circumcision.(a) Direct oral suction means contact between the mouth of a person performing circumcision and the infant’s circumcised penis.
(b) Written informed consent required. A person may not perform a circumcision that involves direct oral suction on a child under one year of age without obtaining, prior to the circumcision, the written informed consent of a parent or legal guardian of the child who is being circumcised in a form approved or provided by the Department. The written informed consent must include notice that direct oral suction exposes the infant to the risk of transmission of herpes simplex virus infection and other infectious diseases.
(C) Retention of consent forms. The person performing the circumcision must give the parent or legal guardian a copy of the signed consent form and retain the original for one year from the date of the circumcision, making it available for inspection if requested by the Department.
For one thing, we do not know the language the actual consent form will contain. Indeed, after the adoption of the general rule, it would seem the DOH will have open-ended authority to come up with descriptions of the alleged risks and its choices will not be subjected to standard limitations on rule-making authority. The possibilities are enormous if not endless. This is especially problematic since the rule is not limited to the risk of transmission of the herpes virus but to “other infectious diseases” as well.
Also of great concern is the possibility of child-abuse charges being leveled against the mohel or parents should metzitzah b’peh be performed and, God forbid, one of the diseases described in the consent form is thought to have resulted. Indeed, there have been reports that the Brooklyn district attorney is looking into bringing criminal charges in a case where a child who underwent metzitzah b’peh died.
And it just seems incongruous that parents will be required to sign a form acknowledging that they are knowingly placing their child in harm’s way.
Moreover, what we have here is a government regulation that will declare – with unknown particulars – that a time-honored Jewish religious practice, albeit one not universally accepted and employed by all observant Jews, risks the health and well-being of newborns. This is never a good thing for Jews, particularly so today, as witness the outbreak of challenges to circumcision and schechita in a number of countries.
It is crucial that our community stand up in defense of our traditions. In this connection we are still uncomfortable with the election to the New York City Council three years ago of a Jewish candidate who never fully apologized for publicly describing bris milah as “the ritual violence of circumcision.” The Jewish Press at the time forcefully condemned the comments of that candidate, who ran in a majority Jewish district with the fulsome support of an elected official well known for his advocacy of Jewish causes.
Effective free passes like that are not helpful no matter who bestows them.
About the Author:
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
We take a whole person approach, giving our people assistance with whatever they need.
During my spiritual journey I discovered G-d spoke to man only once, to the Jewish people at Sinai
20 years after the great Ethiopian aliyah, we must treat them like everyone else; no better or worse
Many Black protesters compared Baltimore’s unrest to the Palestinian penchant of terrorism & rioting
She credited success to “mini” decisions-Small choices building on each other leading to big changes
Shavuot 1915, 200000 Jews were expelled; amongst the largest single expulsions since Roman times
Realizing there was no US military threat, Iran resumed, expanded & accelerated its nuclear program
“Enlightened Jews” who refuse to show chareidim the tolerance they insist we give to Arabs sicken me
Somewhat surprisingly, the Vatican’s unwelcome gesture was diametrically at odds with what President Obama signaled in an interview with the news outlet Al Arabiya.
The recent solid victory of Prime Minister Benjamin Netanyahu’s Likud Party produced something very different.
The reaction is so strong that nine times out of ten, parents engage in some form of coping mechanism before arriving at a level of acceptance of a special-needs diagnosis.
“…his neshamah reached out to us to have the zechus of Torah learning to take with him on his final journey.”
“Let’s get something straight so we don’t kid each other…[the Iranians] already have paved a path to a bomb’s worth of material,” said Mr. Biden. “Iran could get there now if they walked away in two to three months without a deal.”
The president is unwilling to cede any of what he considers his exclusive powers in the area of foreign policy and has struggled mightily to keep the Senate away from any role in the kind of deal to be negotiated.
A committed Religious Zionist, he was a sought-after adviser on Zionist affairs around the world.
More important, Mr. Obama is simply acceding to Iran’s position on the timing of the lifting of sanctions.
For our community, Mrs. Clinton’s foreign policy record will doubtless attract the most attention. And it is a most interesting one.
Printed from: http://www.jewishpress.com/indepth/editorial/the-metzitzah-bpeh-controversy/2012/09/12/
Scan this QR code to visit this page online: