You read that right, and we are talking about America. Female Genital Mutilation is usually something you see in Africa, or even The Middle East, as it is a very unkind procedure.
It looks like that nasty procedure has found a place here in the U.S., with willing Doctors. It was originally banned in 1996 nationwide, but this court ruling has set a bad precedent.
“A federal judge has dismissed six charges of female genital mutilation against a doctor, declaring the nation’s female genital mutilation law as unconstitutional.
The federal judge in Detroit ruled in the historic case on Tuesday, ruling the law that prevents female genital mutilation (FGM) is unconstitutional. U.S. District Judge Bernard Friedman ruled that Congress does not have the authority to make FGM illegal, which it had been classified as illegal under the Necessary and Proper Clause or the Commerce Clause.
The case involved Dr. Jumana Nagarwala who had been awaiting trial on female genital mutilation charges. She was arrested in the summer of 2017 and was released on a $4.5 million bond. “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.”
“According to the opinion filed by Friedman, Congress had banned FGM under a statute that states “whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.”
Nagarwala is guilty of mutilating 6 girls, although she claims it is a religious custom. Her attorney attacked the way the law that banned FGM. The ban was put through by using the Commerce Clause, which has been used in numerous cases before to extend the authority of the court. But in this case, the judge ruled against it.
“These are children; little girls; between the ages of 2 to 8; they have no idea and from one moment to the next they are held down by people they love. And then chop! Parts of their genitalia are gone! The law must protect them! PLEASE.”
Followers of the Dawoodi Bohra sect of Shia Islam, feel it is a religious custom to mutilate the female genitals. Nagarwala compared it to the cutting of male’s foreskin. But FGM has more to do with desensitizing the female and making the act of sex unenjoyable. It also, depending on the procedure, can be unsanitary.
Regardless of what a Federal Judge says, 27 states have made specific laws that prohibit FGM as of 2017. This procedure is cosmetic with no medical benefit. This should be banned on a nationwide level, with this judge’s ruling, it will now be up to the rest of the states to pass laws to stop it.