Federal Court Refuses To Block New York Circumcision Consent Form Law
Proponents of metzitzah b’peh, the controversial circumcision ritual, were denied a request for an emergency stay in the enforcement of a recent New York City law that regulates the procedure. The decision was handed down by the United States Court of Appeals for the Second Circuit.
The motion, filed by the Central Rabbinical Congress of the USA & Canada, Agudath Israel, the International Bris Association and a group of rabbis, failed “to meet requisite standards,” according to the court.
Last September, the New York City department of health and mental hygiene approved a regulation that would require signed consent to perform metzitzah b’peh. The procedure, in which the mohel uses his mouth to suction blood from a wound after circumcision, has been reported to transmit herpes simplex virus, which can cause serious injury, and even death, to infants.
For months, plaintiffs have attempted to block the regulation through a series of legal challenges. In January, Manhattan federal Judge Naomi Reice Buchwald denied a request for a preliminary injunction against the regulation. The lingering effects of Hurricane Sandy also caused delays throughout the court system.
David Zwiebel, executive vice president of Agudath Israel, wrote in the email to the Forward that his organization was, “disappointed” in the ruling,” and that they will continue to appeal Buchwald’s decision. A briefing on the matter is scheduled in early April.
There had been earlier reports of potential civil disobedience and protests of Mayor Bloomberg’s office if the regulation was not stopped. In late January, Zwiebel told the Forward, “frankly we think we have a strong legal case to be made, and we’re hopeful in the end we will prevail.”
Recent studies by the New York City DOHMH have revealed 12 area infants who have contracted herpes after circumcision, with two of the infants dying soon after.
I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward’s award-winning journalism this Passover.
In this age of misinformation, our work is needed like never before. We report on the news that matters most to American Jews, driven by truth, not ideology.
At a time when newsrooms are closing or cutting back, the Forward has removed its paywall. That means for the first time in our 126-year history, Forward journalism is free to everyone, everywhere. With an ongoing war, rising antisemitism, and a flood of disinformation that may affect the upcoming election, we believe that free and open access to Jewish journalism is imperative.
Readers like you make it all possible. Right now, we’re in the middle of our Passover Pledge Drive and we need 500 people to step up and make a gift to sustain our trustworthy, independent journalism.
Make a gift of any size and become a Forward member today. You’ll support our mission to tell the American Jewish story fully and fairly.
— Rachel Fishman Feddersen, Publisher and CEO
Join our mission to tell the Jewish story fully and fairly.
Our Goal: 500 gifts during our Passover Pledge Drive!