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Non-therapeutic circumcision of minors: a legal and ethical minefield : Comments
By Robert Darby, published 9/7/2012Medically unnecessary circumcision of male infants and boys is morally wrong and sufficiently harmful to warrant intervention by the state.
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WHOSE CHILD IS IT?
One may argue that "the child belongs to his/her parents", others may claim that "the child belongs to his/her tribe", yet others say that "the child belongs to him/herself". I understand those claims and prefer the later, but one response is completely absurd and most dangerous - that "the child belongs to the state".
The state, any state, may only have authority over those who accept it and ask for its protection. All others, it may still limit and fight, but only as necessary for the sake of protecting its consenting members, those who sought out the state's protection.
If a family (an unbroken family, where there are no disagreements) never asks to become subject to the state, never asks for the state's protection (and/or other privileges), then the state must have no say in the internal affairs of that family.
If the state was to prohibit religious circumcision, then no orthodox Jews and Muslims would want to be part of it: they would rather die than break what they believe to be God's commandment to circumcise. If possible, they would emigrate or circumcise their sons overseas, otherwise they would do it covertly, risking jail, but in any case they would do it no matter what.
As ugly as the practice of circumcision is, states have no authority to ban it. However, it's their right to refuse accepting members who practice it. While no one ought to be jailed for circumcising their children, it is proper to have their welfare/public-health/public-education/etc. denied and not employ them in the public service. Being members of a state (eg. citizens) should be optional and a two-way street. It is OK not to participate and not share the state's values, but also OK for the state not to support those who do not follow its ways.
An unwilling 11-year old boy should be able to walk into a police-station, ask for state-protection and receive it, thus severing his ties from his parents, so long as it is ascertained that he understands the implications.