Battle over circumcision is shaping up in California

http://www.jta.org/news/article/2011/05/30/3087910/anti-circumcision-movement-gathers-steam-in-california

Glasser notes that the World Health Organization supports circumcision as a preventative measure against HIV transmission, and several Centers for Disease Control studies show the same result. The American Academy of Pediatrics is neutral, as is the American College of Obstetrics and Gynecology. But Glasser says those positions have not be revisited since the most recent AIDS studies.

“The unfortunate part is that people laugh -- they say the San Francisco crazies are at it again. But this is no laughing matter,” he said. “Circumcision is very low-risk and has tremendous benefits, including life-saving benefits.”

Joel Paul, professor of constitutional law and associate dean of the University of California Hastings School of Law, says the law likely would not survive a court challenge -- which could come even before the Nov. 8 ballot.

The proposed measure appears to violate the First Amendment protection of the free exercise of religion, and entangles the state in religious matters by putting the state in the position of judging whether a certain religious practice is permissible. Moreover, putting such a matter to a popular vote contravenes the Constitution’s many protections of the rights of individuals and minorities.
“This proposition would let the majority decide religious practice for a religious group,” Paul told JTA. “It’s not part of our politics. No one should have to go into an election and be asked to defend their religion.”

Hess argues, on the other hand, that the law is on his side. Noting that female genital mutilation is illegal in this country, he says boys should get equal protection under the law, no matter the religious beliefs of their parents.

That is a false and dangerous analogy, Porth says.

“Female genital mutilation is illegal because it is a cruel practice, medically harmful and performed for the explicit purpose of preventing female sexual satisfaction,” she said. “In contrast, there’s no credible medical evidence that male circumcision is harmful or that it prevents sexual satisfaction. Its purpose is for health reasons and religious belief.”