Federal judge finds

jkcerda

macrumors 6502a
Original poster
Jun 10, 2013
681
38,924
Criminal Mexi Midget
female genital mutilation law unconstitutional

In a major blow to the government, a federal judge in Detroit has declared the nation’s female genital mutilation law unconstitutional, thereby dismissing nearly all of the charges against two Michigan doctors and seven others accused of subjecting at least nine minor girls to genital cutting in the nation’s first FGM case
https://www.chicagotribune.com/news/nationworld/ct-female-genital-mutilation-law-20181120-story.html?fbclid=IwAR2cLR_mI2_Ye3-FTYM1oQNciG7PuiB3kG1otcOSpZL6yL-cwav6hEok8No

shame things like this can go on in this country.:(
 

Carnegie

macrumors 6502a
May 24, 2012
600
1,242
This should be illegal. But that doesn't mean the federal government is empowered to make it illegal. The federal government doesn't have general police powers; those are left to the states.

The powers of the federal government have been allowed to expand well beyond what the Constitution, properly interpreted, would allow. So it often comes as a surprise when a federal court decides... no, you don't have the affirmative power to do that.

That said, I would guess that Congress will just go back and ad the typical language... when, affecting interstate commerce in any way, X is done... to the law. And then, consistent with modern interpretations of federalism, it might be found to be constitutional.
 

ronntaylor

macrumors regular
Jan 16, 2004
185
1,440
Flushing, New York
All genital mutilations should cease. But this law was deeply flawed and is based on religious intolerance. If this was practiced by a minor Christian sect, we wouldn't hear about it. But it's perceived as being done by crazy Muslims and outsiders.

I consider all circumcisions to be unnecessary and damaging. Of course, what's done to young girls in most cases isn't circumcision, but mutilation with one aim: to control them their entire lives.

If people were informed of the rite of oral suction circumcision as practiced by certain Orthodox Jewish sects, they would be shocked and appalled.
 

VulchR

macrumors 68020
Jun 8, 2009
2,327
10,233
Scotland
That should be illegal as well
Of course it'd be considered unconstitutional. Kinda hard to say "no, you can't cut women's genitals," while still being totally cool with cutting up men's genitals.

https://www.theatlantic.com/health/archive/2015/05/male-circumcision-vs-female-circumcision/392732/
Except some parents have circumcised their sons to reduce the chances of getting infections. There is a detectable by very small protective effect. Besides, unlike circumcision, FGM is meant to abolish sexual pleasure.
 

Eraserhead

macrumors G4
Nov 3, 2005
10,300
10,360
UK
I guess a constitutional amendment could be passed to ban this :). I’d expect it would stand a good chance of passing.
 
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