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Boldt v. Boldt

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The father, James Boldt, then appealed the decision of the OSC to the [https://www.supremecourt.gov/ United States Supreme Court], however a writ of certiorari was denied.<ref>555 US 814. No. 07–1348. ''Boldt v. Boldt''. Sup. Ct. Ore. Certiorari de­nied. October 6, 2008. Reported below: 344 Ore. 1, 176 P. 3d 388. (2008).</ref>
The case on remand was now in the Jackson County Circuit Court again. Judge Lisa Greif held a hearing on 22 April 2009. Misha/Jimmy testified in chambers "that he did NOT want to be circumcised, he did NOT want to convert to Judaism, was afraid of his father and wanted to live with his mother."<ref name="svoboda2010" /> <ref name="geisheker2009">{{REFweb
Sherry F. Colb (2007) wrote:
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Though it is, in some respects, very unusual, this case nonetheless highlights a somewhat hidden and more widespread assumption embedded in our laws - that if a couple's mainstream religion requires them to inflict harm upon their child, then the law will not interfere with that prerogative. … In the ''Boldt '' case, the boy at issue is not a newborn but an adolescent, a 12-year-old, who not only has the self-evident capacity to feel pain but who could also offer his own opinion on the question of whether he should have his foreskin amputated. So far, we do not know from press accounts what the boy thinks about his father's plans, although his mother claims that he is opposed yet reluctant to say so. Even assuming, however, that the 12-year-old is neutral on the question, the notion of subjecting a child his age to such a surgery would likely seem barbaric to many people. There is, after all, no medical need to circumcise the boy. His foreskin is, so far as we know, not plagued with any disease or other malignancy. No doctor has offered the medical opinion that the family really ought to circumcise the boy. The only reason to do it is that his father has found religion and wishes to bring his son into the faith. … It is when parents disagree with each other and ask the courts to step in that we are uniquely able to consider some of the harm to which people expose their offspring. The Boldt case thus may, in this way, help us focus on what is otherwise "routine" in parenting and perhaps become more sensitive to the sorts of harm that we might otherwise continue to take for granted.<ref name="colb2007">{{REFweb
|url=https://supreme.findlaw.com/legal-commentary/divorce-religion-and-circumcision-what-a-conflict-tells-us-about-parental-rights.html
|archived=
The 2009 NOCIRC Annual Newsletter commented:
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The US Supreme Court in October turned down a father’s petition in '' Boldt v Boldt''. The boy’s father, who converted to Judaism and wants his son circumcised, was unhappy with the decision of the Oregon Supreme Court to determine the wishes of the child, and appealed to the US Supreme Court, alleging the child’s wishes are irrelevant. Fortunately, the right of the boy was paramount in the court’s decision.<ref>{{REFweb
|url=http://www.nocirc.org/publish/2009nocirc_newsletter.pdf
|title=2009 NOCIRC Annual Newsletter
J. Steven Svoboda (2010) commented:
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Geisheker notes that the Court mentioned only the child’s right to be heard, but did not recognize its paramount duty to protect him. Misha’s case is a sad commentary upon American life and constitutional principles. ''Boldt v. Boldt '' eloquently demonstrates that in the US, at least, the law to date has not been able to effectively grapple with such a heavily contextual and cultural practice as male circumcision.
To date, with one known exception, all awards and settlements have occurred in cases involving either a “botched” procedure or a lack of informed consent. At least three times, courts have avoided squarely addressing the legality of male circumcision by diverting the discussion into such peripheral, procedural issues as standing. Judicial views of standing are politically and culturally shaped in response to social mandates. Although MGC is currently illegal under existing laws and human rights treaties, if properly and objectively interpreted free of cultural bias, American cultural blindness has prevented recognition of this. Elsewhere in the world, Tasmania’s Law Review Commission recently released a lengthy issues paper questioning the legality of male circumcision. Sweden has regulated circumcision and the practice was recently made illegal in South Africa, with religious and medical exceptions included that threaten to swallow the rule. While the practice is not otherwise explicitly prohibited anywhere in the world, it is of course illegal worldwide under a broad range of prohibitions imposed by statute, common or civil law, human rights treaties, and customary law.<ref name="svoboda2010" />
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