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Is M protected from the religious circumcision his father want him to have???
Poll ended at 03 Sep 2008, 6:32 am
Yes M is protected by the First amendment in such a way that if he does not want the circumcision no one can force him. 83%  83%  [ 15 ]
No M is not protected by the first amendment and even if he does not want the circumcision his father knows best. 17%  17%  [ 3 ]
Total votes : 18

philosopherBoi
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21 Aug 2008, 6:32 am

So up in Oregon there is a huge battle between two parents on having their son circumcised. The mother a Russian Orthodox as is her son M while the father recently converted to Judaism. After several custody battles M's father was awarded custody and now insists that his son convert to Judaism which means he must be circumcised however M's mother says that her son confided in her and told her that he does not wish to convert nor does he wish to have his foreskin removed.

Does the father have a right under the first amendment to circumcise his son??? From my understanding of the First amendment is that it protects each and everyone of us from having another's religion forced upon us so the act of forcing circumcision on another for religious grounds is that not illegal???? If it is illegal for M's father to have him circumcise then wouldn't in affect mean that all Brit milah are illegal????

So what do you think??? Is M's father in the right or is he stepping over the line?? Also does the first amendment protect M from having the circumcision if custody is awarded to his father??

I think that M's father is (Potty Mouth) (Potty Mouth) from hell who is knowingly stepping all over and trapping his son's rights. I think he is disgusting I think that he should be locked away for attempted child abuse for the rest of this life.

http://oregondivorceblog.wordpress.com/ ... ification/


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DentArthurDent
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21 Aug 2008, 7:47 am

Circumcision of babies is wrong at the best of times, forced circumcision of a boy that can argue against it must be regarded as physical abuse. f**k I hate religous dogma. If the courts decide in favour of the father due to the 1st you guys need to have a bloody good look at it, it seems to me that a great many wrongs happen under the guise of that ammendment


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Awesomelyglorious
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21 Aug 2008, 8:11 am

I would say that under the first amendment, a father can legitimately circumcize his son. We can argue that at a certain age, this right goes away, but I do not agree with your interpretation of the 1st amendment as that refers to the ability of the government to make laws in regards to this, not the ability of parents to act towards their children to push a religion. I certainly cannot accept the argument that all ritual circumcisions are prohibited by the first, and certainly consider them protected, as the text says in relation to this:

" Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; "

Matters of parental rights fall into the 2nd category as they are the free exercise thereof for religion.

The father is certainly not entirely in the wrong. The first amendment does not protect the child, however, other laws can protect that child, as noted from the fact that this has gone to the supreme court. This whole matter can hurt the father's ability to take care of the child, and part of the supreme court's actions is to see if the claim is legitimate so that way the mother can have the medical rights over the child. Not so much because the child has rights though.



skafather84
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21 Aug 2008, 11:21 am

circumcision is male mutilation and is an ancient practice of butchery.

just because they have a better PR firm than the female circumcision crowd doesn't make it any more acceptable...just more accepted because people, in general, are a bunch of morons who'll do anything the invisible man in the sky tells them.



corroonb
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21 Aug 2008, 11:34 am

The person (child) should choose for themselves when they reach an age when they are responsible enough to do so. Before that time any circumcision is an abuse of power by the parent.



Awesomelyglorious
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21 Aug 2008, 12:06 pm

corroonb wrote:
The person (child) should choose for themselves when they reach an age when they are responsible enough to do so. Before that time any circumcision is an abuse of power by the parent.

Our legal system has stated otherwise(circumcisions are often done at birth), and the dominant cultures within our system would disagree with such a notion. Therefore, your notion of the abuse of power is not widely accepted, and I would think that most of these cultures who disagree would call your prevention of their actions to be an abuse of power. This seems to mean, that the rights of power would need to be defined so as for us to know of their abuse.



corroonb
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21 Aug 2008, 12:16 pm

People should have the right to mutilate others if their religion and culture allows it?

Circumcision is an unnecessary procedure and children should not be circumcised until they can make a judgment on the matter.

Do parents have the right to mutilate their children if the government and their culture does not forbid it?

Should female circumcision be allowed also?

Arguing that culture and government are always morally right is a very poor argument. If you argue for this, then the actions of the Nazi could not be criticised.



Awesomelyglorious
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21 Aug 2008, 12:45 pm

corroonb wrote:
People should have the right to mutilate others if their religion and culture allows it?

Circumcision is an unnecessary procedure and children should not be circumcised until they can make a judgment on the matter.

Do parents have the right to mutilate their children if the government and their culture does not forbid it?

Well, the right has already been accepted. What about piercings on little girls? Should we disallow those? Perhaps you agree we should, I would like it if we would, but that is not generally accepted. We can argue that certain limits should exist, but the issue is that by preventing certain mutilations, you are also imposing a culture upon people because the idea of cultural neutrality is rather questionable at best.
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Should female circumcision be allowed also?

I do not know that it traditionally has been allowed. I also cannot answer the moral question either, because morality is not a subject with answers. I can say that I personally dislike it, but I also dislike the notion of a society ruled by the whims of a single person or multiple.
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Arguing that culture and government are always morally right is a very poor argument. If you argue for this, then the actions of the Nazi could not be criticised.

I never said anything about morality at all. In fact, my argument was pretty explicitly legalistic. Not only that, but you brought up the Godwin, really though, do the Nazis have to be criticized on moral grounds?



Cyanide
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21 Aug 2008, 12:52 pm

Weird, I live in Oregon and I haven't heard about this.

I'd have to say I side with the boy, though.



philosopherBoi
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21 Aug 2008, 7:16 pm

Awesomelyglorious wrote:
I would say that under the first amendment, a father can legitimately circumcize his son. We can argue that at a certain age, this right goes away, but I do not agree with your interpretation of the 1st amendment as that refers to the ability of the government to make laws in regards to this, not the ability of parents to act towards their children to push a religion. I certainly cannot accept the argument that all ritual circumcisions are prohibited by the first, and certainly consider them protected, as the text says in relation to this:

" Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; "

Matters of parental rights fall into the 2nd category as they are the free exercise thereof for religion.

The father is certainly not entirely in the wrong. The first amendment does not protect the child, however, other laws can protect that child, as noted from the fact that this has gone to the supreme court. This whole matter can hurt the father's ability to take care of the child, and part of the supreme court's actions is to see if the claim is legitimate so that way the mother can have the medical rights over the child. Not so much because the child has rights though.


The first amendment does not protect the parent's right to circumcise their son. The male child has the right to choose his own religion forcing a religious circumcision upon the male child violates his rights and forces the religion upon him. The first amendment protects us from having another's religious beliefs force on us that is why we made it because we didn't like being forced to believe one way or another. Therefore religious circumcisions are not protected by the first amendment because the circumcision forces the religion onto someone who does not believe.


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Awesomelyglorious
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21 Aug 2008, 7:22 pm

philosopherBoi wrote:
The first amendment does not protect the parent's right to circumcise their son.

No, but it doesn't support the government's prevention of the son being circumcised, which leads to the same conclusion.

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The male child has the right to choose his own religion forcing a religious circumcision upon the male child violates his rights and forces the religion upon him.

What rights? Where does it say that anywhere? That doesn't seem historically correct based upon the nature of these rights.

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The first amendment protects us from having another's religious beliefs force on us that is why we made it because we didn't like being forced to believe one way or another.

No, it protects us from the GOVERNMENT shoving another's beliefs upon us. It does not say anything about individuals, and the actions of individuals would fall under different categories than the 1st amendment. I have already given the text for the first amendment relevant to this issue, it says nothing about other people, just about congress.
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Therefore religious circumcisions are not protected by the first amendment because the circumcision forces the religion onto someone who does not believe.

The first amendment says nothing about believing, only about congressional non-intervention. Other laws are relevant, but the first amendment is abundantly neutral on this matter. As well... I don't think that your interpretation is a historical one either, which means that it is incorrect, because law is one of those fields that looks at prior interpretations to determine future ones.



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21 Aug 2008, 7:25 pm

I dont know much about the first ammendment but if it allows for the father to forcibly remove his sons foreskin the law is obviously flawed.


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corroonb
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21 Aug 2008, 7:29 pm

DentArthurDent wrote:
I dont know much about the first ammendment but if it allows for the father to forcibly remove his sons foreskin the law is obviously flawed.


I agree but as I am not American, my opinion of the quality of your constitution is irrelevant.



DentArthurDent
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21 Aug 2008, 7:39 pm

corroonb wrote:
DentArthurDent wrote:
I dont know much about the first ammendment but if it allows for the father to forcibly remove his sons foreskin the law is obviously flawed.


I agree but as I am not American, my opinion of the quality of your constitution is irrelevant.

Not my constitution either, however I dont think because you do not live in a country that makes your opinion of how it is governed irrelevant.


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ToadOfSteel
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21 Aug 2008, 7:45 pm

AFAIK parents have complete rights over their children in America (until they reach 18). It's complete slavery if you ask me...

The one legal recourse the child has is to call for a child abuse case.

It's a ****ed up system, but it is what the system says...



corroonb
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21 Aug 2008, 7:45 pm

DentArthurDent wrote:
corroonb wrote:
DentArthurDent wrote:
I dont know much about the first ammendment but if it allows for the father to forcibly remove his sons foreskin the law is obviously flawed.


I agree but as I am not American, my opinion of the quality of your constitution is irrelevant.

Not my constitution either, however I dont think because you do not live in a country that makes your opinion of how it is governed irrelevant.


Sorry, I didn't see your country.

I made the same argument as you above.