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Can the religious beliefs of parents justify the nonconsensual cutting of their child’s genitals?

By Brian D. Earp

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 See updated material below – reply to a critic. 

Of faith and circumcision: Can the religious beliefs of parents justify the nonconsensual cutting of their child’s genitals?

Circumcising minors on religious grounds amounts to grievous bodily harm according to a German court ruling issued on Tuesday. AFP News reports:

The regional court in Cologne, western Germany, ruled that the “fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents. The religious freedom of the parents and their right to educate their child would not be unacceptably compromised, if they were obliged to wait until the child could himself decide to be circumcised.”

Some Jewish groups are up in arms. They insist that God has “non-negotiably” required that circumcision take place on precisely the eighth day after birth; hence waiting to perform the operation until the child could consent would amount to breaking this keystone covenant with their deity. Using the force of law to delay circumcision, then, is no different from banning it outright, since a delayed circumcision is religiously meaningless.

I don’t find this argument very compelling.

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