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19.12.2024

Manhattan court refused to annul the 'mouth sucking' law

Orthodox discrimination in the mouth sucking case: The court refused to annul regulations of the City of New York • from now: the Mohel must sign all parents on a special form before the procedure

Manhattan court refused to annul the 'mouth sucking' law
יעקב נחומי


Discriminatory Orthodox Judaism, mouth sucking case: District Court in Manhattan refused yesterday to cancel the regulations of the City of New York a few months ago, according to which every mohel must sign the parents on a special form before the circumcision procedure, and following the court's decision - the regulations will take effect.


The regulations are designed to prevent transmission of diseases and are promoted - by Mayor Michael Bloomberg, after a research published between the years 2004-2011 that at least 11 babies were infected with herpes simplex virus, following the mouth sucking procedure. Two infants died and two suffered brain damage.

The judge ruled in her decision that there is sufficient evidence that the process causes a high risk of disease among those who carry out circumcision. "Parents are not aware of these problems, and the law of the municipality removes health concerns," she wrote. "The law does not prevent the procedure, but only informs the parents of the dangers of it."


City of New York praised the decision in court. Lawyer Michelle Goldberg - Cohen responded and told the media: "to inform the parents about the dangers of the procedure in question is critical in maintaining the health of their children."

Mohelim and Jewish organizations continued to argue even after the decision, that the ordinance of the municipality is illegal and violates the freedom of religion. They said the study which led to the enactment is limited and full of defects, and one cannot rely on it in a significant and sensitive issue like this.


The petition was filed three months ago - by Jewish organizations - including, Agudath Yisrael of America - and three mohels, and shared by all Orthodox circles in New York.


Lawyers and prosecutors have yet to publish their response to the decision.




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