A landmark achievement that intactivists grope for is legislation that
would give male minors equal protection under the law. That is, that
forced male genital mutilation, particularly the circumcision of
healthy, non-consenting minors, be banned and made illegal. As of 1996, a
federal ban on female genital mutilation prohibits any and every
genital cut performed on girls for any reason, and there is no exempt
for religions or cultures where female circumcision is considered an
important tradition.
I've already mentioned it
in a recent post, but the way things stand
now, I think the world isn't ready for a ban on male infant circumcision.
It was easy to enact legislation that bans female circumcision because
it is not a custom in this country for girls to be circumcised. It's
always easy to ban something that people already consider barbaric. Much
groundwork has to be laid before this country is ready to ban the
forced genital mutilation of male minors. It's not going to happen
overnight. "Baby steps," as some put it.
Recently I was giving the issue of legality some thought, and I got to
thinking about a hypothetical situation; what if, instead of a ban,
circumcision were allowed to legally continue, but we enacted legislation that lowered the statutes of limitation, and gave men that grow up to resent the fact that they were circumcised the right take their circumcisers to court?
That's right, no ban. Instead, doctors could keep right on circumcising, and mohels and
imams could go right on circumcising, with the acknowledgment that they
could one day be legally taken to court by any of the boys they
circumcise?
It is often said that most, if not all circumcised men, are happy and
content with their lot, but I wonder, how much of this is true? How many
would seek legal redress if they possibly could? How many circumcisers
would stop if they knew they could face legal consequences one day?
There is a federal law against the forced genital cutting of females enacted in 1996, and the 14th Amendment to the US Constitution already guarantees equal protection for both girls AND boys under the
law. Coupled with the fact that reaping profit from performing non-medical surgery on healthy, non-consenting individuals already constitutes medical fraud, the forced genital cutting of healthy, non-consenting boys should already be illegal and against the law.
A big part of the problem is that doctors and religious circumcisers
don't have to face any consequences for their actions. If any of the
boys they circumcised grow up to resent having been so, they could sleep
at night knowing that short of huffing and puffing and gnashing their
teeth, there is nothing they can do.
Well, what if instead of a direct ban, intactivists worked to make it legally
possible for men of any age to take their circumisers to court? Legally lift statutes
of limitation so that adult men can seek legal redress for the unnecessary mutilation inflicted on them? Make it legally required for each circumcision to be
documented with the name of the circumciser and child, so that that
person has legal access to this information as an adult, in case there
is something he'd like to do about it?
The law could start requiring doctors to keep a record of an illness or
medical condition that necessitates surgery, what methods of treatment
were tried over time before circumcision was considered as a last
resort, to ensure that only doctors who performed medically necessary
procedures have a legit defense. (A legit medical reason is usually
required for any other medical surgery performed on a non-consenting
minor!!!) This would ensure that only medically necessary circumcisions
were being performed.
The law would also required that this information be kept available to a child when he grows older, and keeping this information from a child would also mean legal repercussions for keeping information a grown person would be legally entitled to.
If current laws mean anything, the forced genital cutting of healthy, non-consenting males should already be illegal, but current laws are toothless and there is nothing a grown man can do to challenge his doctor or circumciser in court.
I think a law like this would give doctors and other would-be circumcisers something to think about, and we'd see a definite drop in the number of circumcisions being performed annually in this country.
While a ban is a long ways off, I don't think a legislative solution is completely out of the question. I think intactivists ought to start considering
smaller victories that could achieve the end result they want, which is
to stop the forced genital mutilation of healthy, non-consenting
minors.
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