SAN FRANCISCO, July 28 (Reuters) - A California judge
ordered a proposal to ban circumcisions of boys in San
Francisco removed on Thursday from an upcoming municipal
ballot, saying it would infringe on religious freedom.
But Superior Court Judge Loretta Giorgi, in finalizing a
tentative decision reached on Wednesday, said she technically
barred the measure on grounds that state laws disallow voter
initiatives governing medical practices.
The law "leaves no room for localities to legislate in this
area," the judge wrote in her formal opinion.
Circumcision is a ritual obligation for infant Jewish boys,
and is also a common rite among Muslims, who account for the
largest share of circumcised men worldwide. But critics of the
practice argue that it amounts to genital mutilation.
The measure, which would have applied only to San
Francisco, sought to make it a misdemeanor crime to perform a
circumcision on a boy before his 18th birthday, regardless of
the parents' religious beliefs. The maximum penalty would be a
year in jail and a $1,000 fine.
According to attorneys present at a hearing on Thursday,
Giorgi warned that even if the proposed ban were reduced in
scope to exempt medical professionals, it would still run afoul
of First Amendment protections for religious expression.
"Judge Giorgi couldn't have been clearer," said Abby Porth,
associate director of the Jewish Community Relations Council in
San Francisco. "You can't sever healing arts physicians from
rabbis."
A dozen petitioners sued to block the initiative, which was
added to the ballot after proponents gathered more than 12,000
signatures in San Francisco. A similar effort in Santa Monica,
a coastal city west of Los Angeles, was withdrawn.
San Francisco resident Lloyd Schoefield, a proponent of
banning circumcision named in the suit as a real party in
interest, had sought to allow the ballot initiative go forward
as an exemption to state laws under an escape clause for health
or safety considerations.
In a telephone interview on Thursday, Schoefield criticized
the judge for not allowing a debate in court over the health or
safety of circumcision.
"We are discussing our next course of action but not gearing
up for an immediate appeal," Schoefield said. "We don't have
the legal power that our opponents do."
The move to outlaw circumcision in San Francisco raised
alarm bells for Jewish groups across the nation.
In June, the Anti-Defamation League condemned a comic book
created by supporters of the anti-circumcision movement that it
said contained grotesque anti-Semitic imagery. The comic
featured a character named "Monster Mohel" as an evil villain.
A mohel is a Jewish individual specifically trained to
perform the ritual circumcision of infant boys.
(Reporting by Emmett Berg)