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Federal Ban on Female Genital Mutilation Ruled Unconstitutional by Judge
November 26, 2018, 08:02 PM
GustoferFederal Ban on Female Genital Mutilation Ruled Unconstitutional by Judge
What in the hell is happening to my country?
https://www.nytimes.com/2018/1...-mutilation-law.htmlFederal Ban on Female Genital Mutilation Ruled Unconstitutional by Judge
By Pam Belluck
Nov. 21, 2018
More than two decades ago, Congress adopted a sweeping law that outlawed female genital mutilation, an ancient practice that 200 million women and girls around the world have undergone. But a federal court considering the first legal challenge to the statute found the law unconstitutional on Tuesday, greatly diminishing the chances of it being used by federal prosecutors around the country.
A federal judge in Michigan issued the ruling in a case that involved two doctors and four parents, among others, who had been criminally charged last year with participating in or enabling the ritual genital cutting of girls. Their families belong to a small Shiite Muslim sect, the Dawoodi Bohra, that is originally from western India.
The case, the first to be brought under the 1996 law that criminalized female genital mutilation, has been closely followed by human rights advocates and communities where cutting is still practiced and whose members have moved in growing numbers to the United States and other western countries.
On Tuesday, Judge Bernard Friedman of the United States District Court for the Eastern District of Michigan ruled that Congress did not have the authority to pass the law against female genital mutilation and he dismissed key charges filed against the doctors and removed four of the eight defendants from the case.
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"Great danger lies in the notion that we can reason with evil." Doug Patton.
November 26, 2018, 08:05 PM
arfmel“The case, the first to be brought under the 1996 law that criminalized female genital mutilation, has been closely followed by human rights advocates and communities where cutting is still practiced and whose members have moved in growing numbers to the United States and other western countries”
Thanks, Obama
November 26, 2018, 08:06 PM
bigwagonWhat's next? Striking down laws against honor killings and ritualized rape?
November 26, 2018, 08:11 PM
equivetAfter reading the article, I think the judge is probably correct, that this is a states issue. If he had ruled in favor based on religious freedom there would be more, and reasonable cause for outrage, IMO.
November 26, 2018, 08:26 PM
jezsuizThinags like this make my blood boil. If you emigrate to America you should abide by American laws and norms.
November 26, 2018, 08:28 PM
PalmUnfortunately Michigan hadn’t gotten around to making that a state crime until after these incidents occurred.
November 26, 2018, 08:31 PM
Chris AnchorMost likely on 1st Amendment rights to practice religion without any governmental restrictions. While barbaric and counter productive (who wants a women who isn't having fun while having sex) if that's what they believe???. There are many customs in many parts of the world that we as a western culture don't understand. In Asia the binding of the feet, Africa some tribes elongate the neck of their women, just mention a couple, some of these practices are for beauty but many are part of their religion. There's a country song that states "It takes all kinds of people". Chris
November 26, 2018, 08:32 PM
Elk HunterI do not think the judge was even close! What he is saying is that it is OK for girls to be mutilated if some idiot state level government decides it is OK.
Ritual mutilation of anyone against their will is just WRONG!
Followed to its logical conclusion, the same could be said for many federal laws. Just because some "judge" believes it is OK to mutilate young girls does not make it right.
Elk
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FBHO!!!
The Idaho Elk Hunter
November 26, 2018, 08:32 PM
Gustoferquote:
Originally posted by Chris Anchor:
There are many customs in many parts of the world that we as a western culture don't understand.
We don't live in "many parts of the world".
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"Great danger lies in the notion that we can reason with evil." Doug Patton.
November 26, 2018, 08:40 PM
Palmquote:
Originally posted by Elk Hunter:
Just because some "judge" believes it is OK to mutilate young girls does not make it right.
For the sake of clarity, the judge is not saying it’s ok to mutilate girls. He’s saying that doing so cannot be a federal crime, because it doesn’t affect interstate commerce. Feds don’t just get to make up whatever crimes they want. Have to abide by the commerce clause, bastardized though it has become.
I can’t imagine this not being appealed.
November 26, 2018, 08:43 PM
Chris Anchorquote:
Originally posted by Gustofer:
quote:
Originally posted by Chris Anchor:
There are many customs in many parts of the world that we as a western culture don't understand.
We don't live in "many parts of the world".
True but the precedent has been set that others from around the world can come to the USA and not assimilate into ours. Just look at the clusters in the USA. Dearborn MI, NYC, and many other spots. They will never become a true part of our western culture and they will use our laws to either further or legitimize their culture within ours. Chris
November 26, 2018, 08:47 PM
DaveLThe judge didn’t find the laws unconstitutional because of religious freedom but because of federalism. As much as I would like to see these people in jail, I am glad to see a federal court recognizing the limits of Congress’ powers. That doesn’t happen very often.
November 26, 2018, 08:47 PM
Gustoferquote:
Originally posted by Palm:
quote:
Originally posted by Elk Hunter:
Just because some "judge" believes it is OK to mutilate young girls does not make it right.
For the sake of clarity, the judge is not saying it’s ok to mutilate girls. He’s saying that doing so cannot be a federal crime, because it doesn’t affect interstate commerce.
So the federal government can't pass a law making it illegal to cut off the clitoris and labia of young girls? Horseshit.
They passed a law stating it was legal to dismember and suck a baby out of a uterus.
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"Great danger lies in the notion that we can reason with evil." Doug Patton.
November 26, 2018, 08:51 PM
Palmquote:
Originally posted by Gustofer:
quote:
Originally posted by Palm:
quote:
Originally posted by Elk Hunter:
Just because some "judge" believes it is OK to mutilate young girls does not make it right.
For the sake of clarity, the judge is not saying it’s ok to mutilate girls. He’s saying that doing so cannot be a federal crime, because it doesn’t affect interstate commerce.
So the federal government can't pass a law making it illegal to cut off the clitoris and labia of young girls? Horseshit.
From your lips to the 6th Circuit’s ears . . .
November 26, 2018, 08:52 PM
Sig Sauer KrautI’m not sure what it says that my first thought upon reading the thread title was that it must be out of Michigan. It’s pretty sad that I was correct.
November 26, 2018, 08:55 PM
beltfed21Does the judge have a daughter(s)?
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"On the other side of fear you will always find freedom"
November 26, 2018, 09:07 PM
Gustoferquote:
Originally posted by beltfed21:
Does the judge have a daughter(s)?
Good question.
Let's put her up in stirrups and see how he feels about his decision then.
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"Great danger lies in the notion that we can reason with evil." Doug Patton.
November 26, 2018, 09:26 PM
Jimineerquote:
Originally posted by beltfed21:
Does the judge have a daughter(s)?
If someone cuts the judges dick off, is that constitutional? Assuming he has one.
November 26, 2018, 09:41 PM
DMFquote:
Originally posted by Gustofer:
quote:
Originally posted by Palm:
quote:
Originally posted by Elk Hunter:
Just because some "judge" believes it is OK to mutilate young girls does not make it right.
For the sake of clarity, the judge is not saying it’s ok to mutilate girls. He’s saying that doing so cannot be a federal crime, because it doesn’t affect interstate commerce.
So the federal government can't pass a law making it illegal to cut off the clitoris and labia of young girls? Horseshit.
They passed a law stating it was legal to dismember and suck a baby out of a uterus.
Oh, did "they?" Care to cite which title and section(s) of the US Code contain that law that "they passed?"
Forgive me if I don't hold my breath waiting for that citation.

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"He was never hindered by any dogma, except the Constitution." - Ty Ross speaking of his grandfather General Barry Goldwater
"War is the remedy that our enemies have chosen, and I say let us give them all they want." - William Tecumseh Sherman
November 26, 2018, 09:44 PM
DMFquote:
Originally posted by Palm:
quote:
Originally posted by Elk Hunter:
Just because some "judge" believes it is OK to mutilate young girls does not make it right.
For the sake of clarity, the judge is not saying it’s ok to mutilate girls. He’s saying that doing so cannot be a federal crime, because it doesn’t affect interstate commerce. Feds don’t just get to make up whatever crimes they want. Have to abide by the commerce clause, bastardized though it has become.
I can’t imagine this not being appealed.
Hey, don't go trying to talk about reality, facts, the law, and the Constitution, when people are trying to rant emotionally, ignorantly, and irrationally. You'll ruin the internet with that kind of behavior.

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"He was never hindered by any dogma, except the Constitution." - Ty Ross speaking of his grandfather General Barry Goldwater
"War is the remedy that our enemies have chosen, and I say let us give them all they want." - William Tecumseh Sherman