Israel: Landmark Victory! Circumcision Not Matter for Rabbinical Courts, Israel's High Court Rules

Truly fantastic news! David does a number on Goliath in this one! Article here.

'Today Israel’s High Court of Justice issued an unprecedented ruling—rabbinical courts in that country no longer have the authority to determine whether boys will be circumcised should divorcing parents disagree on the matter.

The 6-1 vote in favor of stripping the rabbinical court’s power, means the disputed circumcision of a child is no longer a divorce issue. To the extent that such issues arise, they will now be handled in family court and will be subject to a best-interests-of-the-child test.

The matter came to the High Court of Justice after a rabbinical court ordered a then one-year-old boy to be circumcised as part of a divorce proceeding. His mother, pictured above, is opposed to circumcision due to the pain of the procedure and it’s potential for complications.

Following today's ruling the mother stated: “Social pressure is no reason to force cutting my son’s body as nature, the universe naturally created him.”

This case has implications far beyond circumcision. It means that rabbinical courts in Israel have lost a degree of power; however, the decision comes as no surprise to lawyers there. Last December Carmel Shalev, an Israeli ethicist and human rights lawyer, told Beyond the Bris that the High Court of Justice would likely rule that the rabbinical court didn’t have the authority to force anyone to perform a circumcision.'

Like0 Dislike0

Comments

This boots the issue into family court. It doesn't say that parents in agreement re circumcision of their son can have the decision challenged by another party, or that married parents with different opinions can veto the other's decision to circumcise w/out legal intervention. And how a family court may decide the issue is anyone's guess. But it does take the issue outside of a religious authority's purview, so the judgment is no longer a foregone conclusion.

Like0 Dislike0

I'm literally crying tears of joy right now. I'm so glad I donated to help that woman and her son! Money well spent.

Like0 Dislike0