RE: Laws that impose semi-religious, ethical view[s]

2012-07-04 Thread Volokh, Eugene
The post below seems to retreat entirely from the argument that somehow circumcision bans are impermissible because 'don't harm the body' is a semi-religious, ethical view - and rightly so, because most important laws, as I argued below, rest on such unproven and unprovable

RE: What parents may or may not do with regard to their children

2012-07-04 Thread Volokh, Eugene
I appreciate Alan's argument, and I agree that when it comes to medical decisions, parents are given considerable latitude. The question, though, is to what extent does that - and should that - extend to decisions that are not made for medical reasons, and that risk significant

RE: German circumcision decision

2012-07-04 Thread Eric Rassbach
Eugene -- I think the problem with your non-medical reasons paragraph below is that it misstates the proper attitude of the state towards religious freedom and religious reasons given by parents. The state is supposed to be neutral on claims of religious obligation, not merely tolerant of

Re: German circumcision decision

2012-07-04 Thread Brian Landsberg
If that is correct, neither the child nor the parent will be able to opt to circumcise the boy until he turns 18. Yet, as a prior post pointed out, most males who wish to be circumcised for religious reasons would rather that the procedure occur in infancy. Accurately predicting what the child

Re: German circumcision decision

2012-07-04 Thread Paul Finkelman
Alternatively, one might argue that this is a medical decision for where there is scant evidence that it causes any harm at all (unlike say female mutilation) and there is some medical evidence that it is valuable.  In that sense it goes back to the parent to make the decisions. Again, as I