A federal judge in Detroit dismisses charges against two doctors and declares a law banning female genital mutilation unconstitutional, in the first US criminal case of its kind.
https://www.abc.net.au/news/2018-11-21/female-genital-mutilation-law-voided-by-us-judge/10519048
roughbarked said:
A federal judge in Detroit dismisses charges against two doctors and declares a law banning female genital mutilation unconstitutional, in the first US criminal case of its kind.https://www.abc.net.au/news/2018-11-21/female-genital-mutilation-law-voided-by-us-judge/10519048
Just saw that.
Chalk up another point for religion.
Can we see the algorithm or process or how the judge made that decision ?
Is the judge saying that religious rights over ride human rights ?
Tau.Neutrino said:
Is the judge saying that religious rights over ride human rights ?
You need to read the US constitution.
It appears to have nothing to do with religion and everything to do with state vs federal law in the USA. The judge abhors the practice but believes that the Federal government has no jurisdiction in the case and it falls upon the states to bring a case.
sibeen said:
It appears to have nothing to do with religion and everything to do with state vs federal law in the USA. The judge abhors the practice but believes that the Federal government has no jurisdiction in the case and it falls upon the states to bring a case.
That would be it.
Tau.Neutrino said:
Is the judge saying that religious rights over ride human rights ?
I’d guess he’d say (assuming it’s a he) that the human right of freedom of religion over-rides the human right of not having your genitals mutilated as a child.
Just why he has this opinion, I have no idea.
The judge’s ruling is that this is the US Congress did, per the constitution, not have the right to regulate such matters, and that they are properly regulated by the State governments.
The case at hand occurred in Michigan. Michigan has since banned FGM (as have 25 other states) but at the time of the doctors’ arrest, the only applicable law was US Law (which this judge has now ruled to be unconstitutional).
So it appears that these doctors will escape prosecution but will, at least, not be able to continue the practice in Michigan.
dv said:
The judge’s ruling is that this is the US Congress did, per the constitution, not have the right to regulate such matters, and that they are properly regulated by the State governments.The case at hand occurred in Michigan. Michigan has since banned FGM (as have 25 other states) but at the time of the doctors’ arrest, the only applicable law was US Law (which this judge has now ruled to be unconstitutional).
So it appears that these doctors will escape prosecution but will, at least, not be able to continue the practice in Michigan.
In that case, it seems crazy.
Surely there are laws against mutilating children, even if they don’t specifically apply to the genitals.
The Rev Dodgson said:
dv said:
The judge’s ruling is that this is the US Congress did, per the constitution, not have the right to regulate such matters, and that they are properly regulated by the State governments.The case at hand occurred in Michigan. Michigan has since banned FGM (as have 25 other states) but at the time of the doctors’ arrest, the only applicable law was US Law (which this judge has now ruled to be unconstitutional).
So it appears that these doctors will escape prosecution but will, at least, not be able to continue the practice in Michigan.
In that case, it seems crazy.
Surely there are laws against mutilating children, even if they don’t specifically apply to the genitals.
Yes, but apparently not Federal laws.
The Rev Dodgson said:
dv said:
The judge’s ruling is that this is the US Congress did, per the constitution, not have the right to regulate such matters, and that they are properly regulated by the State governments.The case at hand occurred in Michigan. Michigan has since banned FGM (as have 25 other states) but at the time of the doctors’ arrest, the only applicable law was US Law (which this judge has now ruled to be unconstitutional).
So it appears that these doctors will escape prosecution but will, at least, not be able to continue the practice in Michigan.
In that case, it seems crazy.
Surely there are laws against mutilating children, even if they don’t specifically apply to the genitals.
As long as mutilating children is a feature of your religion it is fine.
The US Attorney’s Office is apparently mulling an appeal.
Germany, Sweden and Denmark have gone further and banned male genital mutilation.
dv said:
The US Attorney’s Office is apparently mulling an appeal.Germany, Sweden and Denmark have gone further and banned male genital mutilation.
Kothos?
Kothos?
dv said:
The US Attorney’s Office is apparently mulling an appeal.Germany, Sweden and Denmark have gone further and banned male genital mutilation.
Good.
sibeen said:
dv said:
The US Attorney’s Office is apparently mulling an appeal.Germany, Sweden and Denmark have gone further and banned male genital mutilation.
Kothos?
Kothos?
What’s he got to do with it?
Michael V said:
sibeen said:
dv said:
The US Attorney’s Office is apparently mulling an appeal.Germany, Sweden and Denmark have gone further and banned male genital mutilation.
Kothos?
Kothos?
What’s he got to do with it?
Normally when circumcision was mentioned on the old forum Kothos would be boots in and all for the argument.
sibeen said:
Ha. I must’ve missed that. Or forgotten. Ah well.
Michael V said:
sibeen said:Kothos?
Kothos?
What’s he got to do with it?
Normally when circumcision was mentioned on the old forum Kothos would be boots in and all for the argument.
sibeen said:
It appears to have nothing to do with religion and everything to do with state vs federal law in the USA. The judge abhors the practice but believes that the Federal government has no jurisdiction in the case and it falls upon the states to bring a case.
^ This.
It’s the same scenario as capital punishment. Federally, it is against the Constitution however the States are free to make their own rules about it. Go figure.
I suppose if it was banned it wouldn’t stop people doing it, I mean doing it anyway is cruel especially for no good reason so that’s not a deterrent.
It would then get done in an even more unsafe and unsanitary environment and if it went wrong people would be reluctant to get medical help.
Really needs anti doing it campaigns that are graphic and have women who had it done to them speaking against it (assuming they don’t get threatened with beheading by Muslim fundies)