Monday, February 06, 2006

Metzitzah B'peh Part 10

And on and on and on and on it goes........ NYTimes: Americans pride themselves on their commitment to freedom of religion, but how much religious freedom is too much religious freedom? At the moment, the thorniest dispute over the issue concerns a male-circumcision ritual practiced by some Hasidic Jews in New York. The ritual is called oral suction, or metzitzah b'peh. After removing the foreskin, the mohel, who conducts the circumcision, cleans the wound by sucking blood from it. According to city health officials........some Orthodox Jewish leaders to complain that Mayor Michael R. Bloomberg had reneged on promises to let religious authorities handle the issue........Among other things, the rabbis fear that restrictions on metzitzah b'peh might lead to bans on male circumcision itself. And these fears aren't entirely unfounded. In 1999, a British family court blocked a religious circumcision of a 5-year-old boy on the grounds that it wasn't in the best interest of the child. The rabbis fear that once courts feel emboldened to make their own judgments about whether circumcisions are medically beneficial or harmful, the United States could go the way of the British court. .............But should the city of Newark be able to prohibit all police officers — including practicing Muslims — from wearing beards in order to foster a uniform appearance on the job? In a 1999 ruling, Judge Samuel A. Alito Jr. sided with the Muslim officers. Since Newark allowed police officers not to shave for medical reasons (typically if they had a skin condition), Alito said that it was discriminatory not to make an exception for those whose religion required them to wear beards. Alito stressed, however, that states can refuse to accommodate religious minorities in the interest of promoting public health, as long as they treat religious and secular citizens equally. This Solomonic ruling makes sense, as far as it goes, but it doesn't tell us how deferential Alito will be to religious practices in other cases. The most prominent American conservative scholar of religious liberty, Judge Michael McConnell, agrees that noncoercive religious expressions, like yarmulkes worn by Jewish soldiers, should be accommodated. But he emphasizes that public prayer in schools, which coerces nonbelievers to pray, should be banned. By contrast, Justice Antonin Scalia, who generally opposes religious accommodations, supports prayer in schools because he says that the state needn't be neutral between religion and secularism. Let's hope that Justice Alito, whatever his views on Orthodox circumcision rituals, doesn't go that far. The beards of Muslim police officers should indeed be protected, but not as a cautious first step toward the goal of creating an openly religious state.
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