home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!opl.com!hri.com!spool.mu.edu!uwm.edu!cs.utexas.edu!swrinde!gatech!news.ans.net!cmcl2!adm!smoke!matt
- From: matt@smoke.brl.mil (Matthew Rosenblatt)
- Newsgroups: misc.legal
- Subject: _Smith_ and Religious Freedom (Was: Re: The Supreme Court . . .)
- Summary: Freedom of Religion
- Keywords: circumcision
- Message-ID: <19620@smoke.brl.mil>
- Date: 27 Jan 93 21:39:54 GMT
- References: <1993Jan22.192022.18378@Princeton.EDU> <14052@optilink.COM> <C1HB6G.G6F@panix.com>
- Organization: U.S. Army Ballistic Research Lab, APG MD.
- Lines: 130
-
- In article <C1HB6G.G6F@panix.com> eck@panix.com (Mark Eckenwiler) writes:
-
- >In <14052@optilink.COM>, cramer@optilink.COM sez:
-
- >># Do the laws allow police to interfere with peyote use?
- >># [a previous poster]
-
- >>Not if it is being used in conjunction with the rites of the Native
- >>American Church. The recent bad Supreme Court decision was whether
- >>an employer (in this case, a governmental agency) could fire someone
- >>for peyote use as part of the NAC. [Clayton Cramer]
-
- >That was _Smith I_, Clayton, sort of. (The Court actually held that
- >the fired employees couldn't collect unemployment benefits, but never
- >mind.) You evidently missed _Smith II_, in which the Court held that
- >Oregon's criminal prohibition against peyote use passes constitutional
- >muster, the free exercise clause notwithstanding. [Mark Eckenwiler]
-
- According to the February 1 issue of _National Review_,
-
- "in France, . . . a Gambian woman has been jailed for performing
- clitoridectomies on two baby girls. This traditional home surgery
- has become a big issue in Europe with the advent of millions of
- families from Africa and the Middle East. The operation brings
- pain, bleeding, infection, and sometimes death; girls who survive
- it grow up unable to enjoy sexual pleasure (the basic purpose of
- the practice) and sometimes sterile. . . . Yet the operation is
- often performed by midwives at the request of mothers. . . .
- Most tribal cultures regard it as the tribe's right to imprint
- its claim, painfully and indelibly, on the very bodies of its
- tiniest members."
-
- In Egypt, the issue of "pain, bleeding, infection and sometimes death"
- is dealt with by having the operation done by surgeons under sterile
- conditions. W. G. Browne, who was in the Sudan between 1792 and 1800,
- supplies some interesting information in his narrative of his travels,
- and describes the operation and its effects:
-
- "Mihi contigit nigram quandam puellam, qui hanc operationem
- subierat, inspicere; labia pudendi acu et fila consuta mihi
- detecta fuere, foramine angusto in meatum urinae relicto. Apud
- Esne, Siout et Cairo, tonsores sunt, qui obstructionem novacula
- amovent, sed vulnus haud raro lethale evenit."
-
- If female circumcision can be made safe through the use of modern
- clinical precautions, there still remain the issues of diminution of
- sexual pleasure and imprinting a culture's claim on the very bodies
- of a culture's tiniest members.
-
- How can we distinguish between male circumcision as practiced by
- Jews in France (which involves imprinting the Covenant of Abraham
- on the very members of the culture's tiniest bodies) , and female
- circumcision (described in _NR_ as "clitoridectomy," which I take
- to mean _Tahurat Sunna_, as opposed to the more drastic _Tahurat
- Farohin_, i.e., Pharaonic circumcision) as practiced by African
- Muslims in France?
-
- 1) Female circumcision is dangerous, whereas male circumcision is not.
-
- Then it would be OK if it were done under conditions that made it
- as rarely dangerous or lethal as male circumcision is.
-
- 2) Male circumcision only *diminishes* sexual sensitivity, whereas
- female circumcision destroys it entirely.
-
- Who gets to judge whether a baby boy has the right to grow up
- without diminution of his sexual sensitivity, or whether a baby
- girl has the right to grow up able to experience sexual pleasure?
- Is this the Government's business, or is it up to the baby's
- parents to make that decision?
-
- 3) Male circumcision is done with once and for all, whereas female
- circumcision requires an additional operation at the time of
- the girl's marriage, as W. G. Browne describes:
-
- "Cicatrix, post excisionem clitoridis, parietes ipsos vaginae,
- foramine parvo relicto, inter se glutinat. Cum tempus nuptiarum
- adveniat, membranum, a qua vagina clauditur, coram pluribus
- pronubis inciditur, sponso ipso adjuvante. Interdum evenit
- ut operationem efficere nequeant, sine ope mulieris aliquae
- expertae,
-
- Like the Gambian lady in France?
-
- quae, scalpello partes in vagina profundis rescindit.
-
- Ouch!
-
- Maritus crastina die cum uxore plemumque habitat; unde illa
- Araborum sententia, 'Lelat ad-dukhla mithl lelat al-futuh,'
- _i.e._, post diem aperturae, dies initus. Ex hoc consuetudine
- fit us sponsus nunquam decipiatur, et ex hoc fit ut in Aegypto
- Superiori innuptae repulsare lascivias hominum parum student,
- dicentes, 'Tabusni wala takhurkani,'
-
- Wow! Don't let the anti-natalist racists get hold of a translation
- of this, or else they'll be peddling _Tahurat Sunna_ on the streets of
- East Baltimore as they are presently trying to peddle "Norplant" there.
-
- sed quantum eis sit invita
- continentia, post matrimoniam demonstrant libidine quam maxime
- indulgentes."
-
- This last, of course, contradicts _National Review's_ statement
- that the "girls who survive it grow up unable to enjoy sexual
- pleasure." One way to resolve the contradiction is to posit
- that the married ladies whom W. G. Browne describes were
- faking it.
-
- In any case, the fact that male circumcision is a one-time affair,
- while female circumcision requires the bloody ante-nuptial spectacle
- described above, ought to be a sufficient distinction that the
- French authorities are justified in jailing this Gambian lady
- while leaving Jewish _mohalim_ unmolested.
-
- 4) Male circumcision is the Covenant of Abraham, commanded by the
- G-d of the Bible, who is the real G-d, whereas female circumcision
- is a barbaric tribal practice (_National Review's_ story begins,
- "Are we still permitted to use the word 'barbaric'? Apparently
- so."), with no Divine sanction.
-
- This distinction makes sense to me, but I doubt it will get very far
- with the "strict separationists" who make up the great majority
- of "misc.legal" posters.
-
- -- Matt Rosenblatt
- (matt@amsaa.brl.mil)
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- TRUTH JUSTICE FREEDOM YIDDISHKEIT IVY THE AMERICAN WAY
-