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Court Denies Preliminary Injunction in Circumcision Case

Last week a federal judge ruled that the New York City Department of Health can require mohelim to obtain parental consent before they perform circumcision involving the ritual of metzitzah b’peh (MBP). (Click here for the text of the decision in Central Rabbinical Congress v. NYC Dept. of Health)

MBP, as defined by the Court in this case, is a “practice among some observant Jews in which a ritual circumciser, or mohel,” places his mouth on the place of circumcision in order to draw blood away from the wound. (The halachic background behind MBP will be discussed briefly below, and at greater length in an upcoming post.)

The regulation at issue is § 181.21 of the New York City Health Code, which: defines “direct oral suction” as it relates to circumcision; requires that written parental consent be obtained before “direct oral suction” is performed during circumcision; and requires the person performing the circumcision to keep the consent form for at least one year.

Before the regulation took effect, several Jewish advocacy groups, along with some mohelim, sued the NYC Dept. of Health to prevent its enforcement. However, they were dealt a big setback last week when U.S. District Court Judge Naomi Reice Buchwald denied their request for a preliminary injunction. Continue reading

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