US district judge orders that female genital mutilation case be dropped in historic case

The judge who made this ruling was appointed by Reagan and in 2014 overturned Michigan’s same-sex marriage ban.

From MSN: A federal judge on Tuesday declared the country’s female genital mutilation law as unconstitutional, dismissing nearly all charges against two doctors in Michigan and others accused of subjecting minor girls to genital cutting at a clinic in Detroit.

The case involves at least nine minors from Michigan, Minnesota and Illinois – some of whom prosecutors alleged were tricked by their mothers into thinking they were going to Detroit for recreational activities before having their genitals cut at the Livonia clinic, The Detroit Free Press reported, citing court records.

Dr. Jumana Nagarwala said the practice was custom as part of the young girls’ religion and said the girls belonged to her Muslim sect, the Dawoodi Bohra. She also argued that the federal female genital mutilation law she and others who assisted her were being prosecuted under is unconstitutional.

The U.S. statute at issue states that “whoever knowingly circumcises, excises or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person” who is under the age of 18 will face a fine and/or up to five years in prison.

U.S. District Judge Bernard Friedman reportedly concluded in the case that the law criminalizing female genital mutilation that Congress passed in 1996 was unconstitutional and said that the regulation of the practice is up to the states.

“As laudable as the prohibition of a particular type of abuse of girls may be … federalism concerns deprive Congress of the power to enact this statute,” Friedman wrote in his opinion of female genital mutilation, abbreviated as FGM.

“Congress overstepped its bounds by legislating to prohibit FGM … FGM is a ‘local criminal activity’ which, in keeping with longstanding tradition and our federal system of government, is for the states to regulate, not Congress,” he added.

As a result of the ruling, charges brought against Nagarwala, those who assisted her and four mothers who took their daughters to the Livonia clinic, were dismissed, according to The Detroit Free Press.

Shannon Smith, Nagarwala’s lawyer, praised the judge’s decision but also said she expects the government to appeal the ruling. “But we are confident we will win even if appealed,” she told the local paper.

However, women’s rights activists are calling the judge’s ruling a setback for the protection of women and girls.

“It’s a giant step backward in the protection of women’s and girls’ rights,” Shelby Quast, the Americas director of equality for the rights organization Equality Now, told The Detroit News. “Especially when there is a global movement to eliminate this practice.”

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US district judge orders that female genital mutilation case be dropped in historic case
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Glenn47
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Glenn47

How about the little girls rights? Maybe they don’t want it done. Maybe we should do it to the female members of the Judge’s family and see how well it goes over.
He is just giving the parents the right to mutilate their own children, isn’t that abuse? Regardless of any religion involved or excuse to hide behind.
Have you seen the tools used and what kind of sterilization is used?
BTW, anyone sure that is a woman doctor?

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[…] The judge who made this ruling was appointed by Reagan and in 2014 overturned Michigan’s same-sex marriage ban. From MSN: A federal judge on Tuesday declared the country’s female genital mutilation law as unconstitutional, dismissing nearly all charges against two … Continue reading → […]

Dr. Eowyn
Admin

So, according to District Judge Bernard Friedman, a law against female genital mutilation is unconstitutional, but murdering unborn humans is constitutional. Friedman’s ruling should be appealed, right up to the Supreme Court if necessary.

Recynd77
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Recynd77

This is horrid. The government is supposed to have one job: that is, to protect us from the aggressive acts of others. By the same token, male circumcision isn’t any better.

Why don’t we leave our kids as God made them? Correcting birth defects is one thing, of course; MODIFYING one’s body is another thing altogether, and should be left up to the individual to decide for him-or-herself once s/he has reached the age of majority.

Steven Broiles
Member

Regrettably, it seems to me that Friedman interpreted the Constitution “as written” in saying that this matter “belongs to the states” (which may be the case). But, let us consider that legislation, sponsored by Adam Clayton Powell, which made lynching a federal crime: Would Friedman strike this law down, also? How many times do judges, both right and left, fail to see the forest for the trees? Does the answer to this question lay in the Constitution itself? Or does the failure of Friedman to uphold the law reside in his reasoning alone? Whatever the answers to these questions may… Read more »

Flanders
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Flanders

This may be off-topic, but a justice system which is jewed, as it has become since the 1960’s, is not off-topic, and this type of situation needs to be known about and shouted far and wide. Too many tend to pass these types of things with little to no thought. They pick our people off one by one, or a few at a time. The “justice” system enables it. As Recynd77 said above, ” The government is supposed to have one job: that is, to protect us from the aggressive acts of others.” “White Man Turned Into Vegetable After Brutal… Read more »

Flanders
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Flanders

There ARE some very important “rights” which the jewstice system protects. “Challenge to Jewish religious chicken-killing ritual defeated in court” “NEW YORK (WABC) — The New York Court of Appeals delivered a big victory Wednesday to the ultra-orthodox Jewish community which has been defending an ancient atonement tradition known as Kaporos. The ritual involves waving a chicken over one’s head three times while reciting a prayer for forgiveness then slitting the chicken’s throat.” NEW YORK (WABC) — The New York Court of Appeals delivered a big victory Wednesday to the ultra-orthodox Jewish community which has been defending an ancient atonement… Read more »

CalGirl
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CalGirl

So, my wish is that maybe one day Judge Friedman will spend a few minutes with someone in “legal charge according to his interprettion of the Constitution” of his genitalia…and a box cutter….and he might change his mind as to the “legality” of the rights of the individual…regardless of age….regardless of religion….in light of the Constitution. This MAN is an abomination, a SCOURGE on the face of the earth to have ruled in a manner that allows willful disfigurement/torture, and CONTROL of a helpless minor female child. And, DO NOT EVEN go there in comparing it to male circumcism…which has… Read more »

Seumas
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Seumas

Have to say, that any type of “circumcision”, regardless of which gender it is pushed on, should be considered a violation of the person’s rights, this includes the sicko followers of the judaizer dr. kellogg (same 7th day adventist cultist that got the cereal brand going, was a eugenicist well before billy gates was born, and whose nephew was responsible in large part for the cultic & anti-christian “urantia book” text.) who was responsible for kicking off that barbaric practice in the U.S. on little boys, allegedly to “prevent the evils of masturbation”, among other things. They should have shut… Read more »