A controversial circumcision regulation hangs in the balance in New York City after a federal appeals court ruled that the regulation targets the freedom of religion of some Orthodox Jews and must therefore be reviewed under a standard known as “strict scrutiny.”
Robert Simins, a lawyer for the Orthodox groups who opposed the regulation, hailed the court’s decision as a “great victory… for all Americans who cherish religious freedom.” Simins said his clients hoped the regulation would “either be withdrawn at this time or declared unconstitutional in any further court proceeding.”
New York City enacted the regulation, in September 2012, requiring mohels to obtain written consent from parents before performing metzitzah b’peh, a practice in which the mohel uses his mouth to directly suction blood from the circumcision wound.
MBP is prevalent among New York City’s ultra-Orthodox communities. The city’s health department says that since 2000, 16 babies have been infected with herpes following the rite. Two of those babies died and two suffered brain damage.
U.S. Court Rules NYC Metzizah B'Peh Regulation Must Go Under 'Strict Scrutiny' – Forward.com
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