Difference between revisions of "Schmidt v. Niznik"

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'''{{FULLPAGENAME}}''', Cook County Illinois, NO. 00 D 18272 (2006) is a court case about the proposed circumcision of an eight-year-old boy in Chicago.
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'''Schmidt vs. Niznik''', Cook County Illinois, NO. 00 D 18272 (2006) is a court case about the proposed circumcision of an eight-year-old boy in Chicago.
 
  
 
Mr. Niznick and Ms. Schmidt were formerly married. They had a son. They divorced and the former Mrs. Niznick received custody of the boy. The divorce agreement required her to consult with Mr. Niznick regarding any non-emergency health care services for the child.
 
Mr. Niznick and Ms. Schmidt were formerly married. They had a son. They divorced and the former Mrs. Niznick received custody of the boy. The divorce agreement required her to consult with Mr. Niznick regarding any non-emergency health care services for the child.
  
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Ms. Schmidt remarried. Her new husband thought that his step-son should be circumcised. The 31-year-old mother, now known as Mrs. Rovin, secretly scheduled a non-therapeutic circumcision for her son to please her new husband in violation of the divorce decree.  
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Ms. Schmidt remarried to a Jewish man.<ref name="bernaerts2014">{{REFdocument
 +
|title=The Cologne Judgment: a curiosity or the start sign for condemning circumcision of male children without their consent as a human rights violation?
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|url=https://repository.gchumanrights.org/bitstream/handle/20.500.11825/161/Bernaerts_2012%EF%80%A213.pdf
 +
|last=Bernaerts
 +
|first=Jonathan Alfons J
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|publisher=[https://ec.europa.eu/info/index_en European Commission]
 +
|format=PDF
 +
|date=2014
 +
|accessdate=2020-05-04
 +
}}</ref> Her new husband thought that his step-son should be [[circumcised]] so that he would match his circumcised step-brother. The 31-year-old Slovakian-born mother,<ref name="peres0217">{{REFnews
 +
|title=Circumcision decision delayed by court
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|url=http://www.cirp.org/news/chicagotribune2006-02-17/
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|last=Peres
 +
|first=Judy
 +
|coauthors=
 +
|publisher=Chicago Tribune
 +
|website=
 +
|date=2006-02-17
 +
|accessdate=2020-5-07
 +
|quote=
 +
}}</ref> now known as Mrs. Rovin, secretly scheduled a non-therapeutic [[circumcision]] for her son to please her new husband in violation of the divorce decree.<ref name="arcnews2006">{{REFweb
 +
|url=https://www.arclaw.org/wp-content/uploads/Newsletter-5-2.pdf
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|title=ARC Newsletter
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|last=Svoboda
 +
|first=J. Steven
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|accessdate=2020-05-03
 +
}}</ref><ref name="appendixone">{{REFweb
 +
|url=https://link.springer.com/content/pdf/bbm%3A978-1-4020-9167-4%2F1.pdf
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|title=Respondent’s Closing Argument
 +
|last=
 +
|first=
 +
|accessdate=2020-05-03
 +
}}</ref>
  
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Mr. Niznick only found out about the circumcision a few days before it was to occur in February 2006 when his son told him during a scheduled visitation that he was to have surgery on his penis.
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Mr. Niznick only found out about the circumcision a few days before it was to occur in February 2006 when his son told him during a scheduled visitation that he was to have surgery on his [[penis]].<ref name="appendixone"/>
  
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Mr. Niznik retained renowned circumcision lawyer [[David J. Llewellyn]] of Atlanta, Georgia to represent him and they went to court in the [http://www.cookcountycourt.org/ Circuit Court of Cook County], Illinois. Mr. Llewellyn was supported by local counsel Lake, Toback & D'Arco. Tte Polish-born father, a 49-year-old building manager from Arlington Heights, immediately asked Judge Jordan Kaplan to issue a temporary restraining order to prevent the circumcision of his son, pending a trial, which was done.
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==Proceedings==
  
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Drs. [[Robert S. Van Howe| Van Howe]] and Gibbon served as expert witnesses for the father, while Drs. Hatch and Goldstein served as expert witnesses for the mother, a 31-year-old homemaker from Northbrook.
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Mr. Niznik retained renowned circumcision lawyer [[David J. Llewellyn]] of Atlanta, Georgia to represent him and they filed suit in the [http://www.cookcountycourt.org/ Circuit Court of Cook County], Illinois. Mr. Llewellyn was supported by local counsel Lake, Toback & D'Arco. The Polish-born father, a 49-year-old building manager from Arlington Heights, immediately asked Judge Jordan Kaplan to issue a temporary restraining order to prevent the [[circumcision]] of his son, pending a trial, which was granted.<ref name="peres0217" /><ref name="arcnews2006" />
  
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She claimed that the boy had [[balanitis]] which she alleged would make his [[circumcision]] a necessary medical treatment, however it was shown that the boy had been swimming in heavily clorinated swimming pools, which caused the irritation. The boy did not have balanitis, so he did not need a circumcision. Even if he did have balanitis, there is more conservative treatment available than radical, destructive circumcision, it was shown.
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Drs. [[Robert S. Van Howe|Van Howe]] and Gibbon served as expert witnesses for the father, while Drs. Hatch and Goldstein served as expert witnesses for the mother, a 31-year-old homemaker from Northbrook, represented by [http://tracyrizzo.com/ Tracy Rizzo].<ref name="arcnews2006"/><ref name="appendixone"/><ref name="peres2006">{{REFnews
 +
|title=Doctors differ on circumcision need
 +
|url=http://www.cirp.org/news/chicagotribune2006-06-13/
 +
|last=Peres
 +
|first=Judy
 +
|coauthors=
 +
|publisher=Chicago Tribune
 +
|website=
 +
|date=2006-06-13
 +
|accessdate=2020-05-04
 +
|quote=
 +
}}</ref>
  
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This excerpt from the closing arguments describes the case.
+
She claimed that the boy had [[balanitis]] which she alleged would make his [[circumcision]] a necessary medical treatment, however it was shown that the boy had been swimming in heavily clorinated swimming pools, which caused the irritation. The boy did not have balanitis, so he did not need a circumcision. Even if he did have balanitis, there is more conservative treatment available than radical, destructive circumcision, it was shown.<ref name="appendixone"/>
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<blockquote>
 
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This is a simple case. Ms. Rovin, formerly Ms. Schmidt, was required by the divorce decree to confer with Mr. Niznik about any non-emergency healthcare services for the  Child.  (Parenting  Agreement,  Paragraph  B,  attached  to  the  Judgment  for  Dissolution of Marriage, Exhibit “B” to Respondent’s Emergency Verified Petition herein). She failed to do so, both in 2005 and in 2006. Instead she secretly scheduled an  unnecessary  circumcision  of  the  Child,  even  though  the  child  had never  been properly diagnosed and treated for alleged “balanitis,” or inflammation of the glans penis. Mr. Niznik discovered this plan, discussed the facts about circumcision with his son (who upon being informed of the truth decided he did not want to be circumcised),  and  forbade  the  circumcision. He  then  brought  this  action  to  obtain  the  Court’s aid in prohibiting the circumcision and to have Ms. Rovin held in contempt for failing to confer with him. The undisputed facts support his requests, particularly since the undisputed facts at the evidentiary hearing were (1) that the Child at present has an entirely normal, disease free penis, (2) that circumcision is physically damaging, (3)  that  circumcision at  this  age  may  be  psychologically  damaging, (4)  that  circumcision at the Child’s age carries with it the risks inherent in the use of general anesthesia, including death, (5) that circumcision carries with it the risk of surgical mishap,  bleeding,  and  infection,  with  possible  disastrous  consequences,  (6)  that 
 
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258 Appendix A balanitis is almost always 100% curable by the application of betamethasone cream, which has never been prescribed for the Child, and (7) that balanitis can occur in a circumcised male.
 
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</blockquote>
 
  
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Dr. [[Robert S. Van Howe|Van Howe]] testified the boy the boy had a "normal, non-diseased [[foreskin]]" and Dr. Hatch also affirmed the boy had a "normal non-diseased foreskin".<ref name="appendixone"/>
  
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It was brought out that circumcision risks serious psychological damage.<ref name="appendixone"/>
 +
 +
Judge Kaplan ruled on Tuesday, October 24, 2006 that the now nine-year-old boy should not be [[circumcised]]. In his ruling, he described circumcision as "''an extraordinary medical procedure as it relates to a nine-year-old child''". He issued an injunction to block the procedure and to protect the boy from [[circumcision]] until he turns 18 and can decide for himself.<ref name="johnson2006">{{REFnews
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|title=Judge takes father's side in circumcision feud
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|url=http://www.cirp.org/news/chicagosun-times2006-10-24/
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|last=Johnson
 +
|first=Carla
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|coauthors=
 +
|publisher=Chicago Sun-Times
 +
|website=
 +
|date=2006-10-24
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|accessdate=2020-05-04
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|quote=
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}}</ref><ref name="reuters2006">{{REFnews
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|title=Judge rules 9-year-old need not get circumcised.
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|url=http://www.cirp.org/news/reuters2006-10-25/
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|last=
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|first=
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|coauthors=
 +
|publisher=Reuters
 +
|website=
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|date=2006-10-25
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|accessdate=2020-10-25
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|quote=
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}}</ref> <ref name="peres1024">{{REFnews
 +
|title=Judge rules against boy’s circumcision
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|url=http://www.cirp.org/news/chicagotribune2006-10-24/
 +
|last=Peres
 +
|first=Judy
 +
|coauthors=
 +
|publisher=Chicago Tribune
 +
|website=
 +
|date=2006-10-24
 +
|accessdate=2020-05-06
 +
|quote=
 +
}}</ref>
 +
 +
==Afterword==
 +
The decision of the trial judge was not appealed to a higher court so the decision of the trial court stands.<ref name="peres1024" />
 +
 +
[[Doctors Opposing Circumcision (D.O.C.)]] (2006) commented that the ruling protected the boy's legal right to bodily integrity.<ref name="reuters2006"/> [[Doctors Opposing Circumcision (D.O.C.)]], later cited this case as a precedent in an [https://pool.intactiwiki.org/images/2007-04_BoldtReviewBrief.pdf| ''amicus curiae'' brief] filed with the Oregon Supreme Count in the case of ''[[Boldt v. Boldt]]'' in 2007.
 +
 +
Jonathan Bernaerts (2014) commented on this case on page 83 of his thesis. ''Schmidt v. Niznik'' (2006) is believed to be the first American legal case to recognize the right of a male child to [[genital autonomy]] — the right to decide for one's self about surgical operations and reconfiguration of one's genital organs.<ref name="bernaerts2014"/>     
 +
{{SEEALSO}}
 +
* [[Boldt v. Boldt]]
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* [[Cologne circumcision court judgment]]
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* [[Re B and G (children) (No 2) EWFC 3]]
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* [[Re L and B (CHILDREN)]]
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* [[Human rights]]
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* [[United States of America]]
 
{{REF}}
 
{{REF}}
  
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[[Category:USA]]
 
[[Category:'... v. ...']]
 
[[Category:'... v. ...']]
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[[Category:USA]]
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[[Category:Litigation over circumcision]]

Latest revision as of 16:12, 6 May 2024

Schmidt v. Niznik, Cook County Illinois, NO. 00 D 18272 (2006) is a court case about the proposed circumcision of an eight-year-old boy in Chicago.

Mr. Niznick and Ms. Schmidt were formerly married. They had a son. They divorced and the former Mrs. Niznick received custody of the boy. The divorce agreement required her to consult with Mr. Niznick regarding any non-emergency health care services for the child.

Ms. Schmidt remarried to a Jewish man.[1] Her new husband thought that his step-son should be circumcised so that he would match his circumcised step-brother. The 31-year-old Slovakian-born mother,[2] now known as Mrs. Rovin, secretly scheduled a non-therapeutic circumcision for her son to please her new husband in violation of the divorce decree.[3][4]

Mr. Niznick only found out about the circumcision a few days before it was to occur in February 2006 when his son told him during a scheduled visitation that he was to have surgery on his penis.[4]

Proceedings

Mr. Niznik retained renowned circumcision lawyer David J. Llewellyn of Atlanta, Georgia to represent him and they filed suit in the Circuit Court of Cook County, Illinois. Mr. Llewellyn was supported by local counsel Lake, Toback & D'Arco. The Polish-born father, a 49-year-old building manager from Arlington Heights, immediately asked Judge Jordan Kaplan to issue a temporary restraining order to prevent the circumcision of his son, pending a trial, which was granted.[2][3]

Drs. Van Howe and Gibbon served as expert witnesses for the father, while Drs. Hatch and Goldstein served as expert witnesses for the mother, a 31-year-old homemaker from Northbrook, represented by Tracy Rizzo.[3][4][5]

She claimed that the boy had balanitis which she alleged would make his circumcision a necessary medical treatment, however it was shown that the boy had been swimming in heavily clorinated swimming pools, which caused the irritation. The boy did not have balanitis, so he did not need a circumcision. Even if he did have balanitis, there is more conservative treatment available than radical, destructive circumcision, it was shown.[4]

Dr. Van Howe testified the boy the boy had a "normal, non-diseased foreskin" and Dr. Hatch also affirmed the boy had a "normal non-diseased foreskin".[4]

It was brought out that circumcision risks serious psychological damage.[4]

Judge Kaplan ruled on Tuesday, October 24, 2006 that the now nine-year-old boy should not be circumcised. In his ruling, he described circumcision as "an extraordinary medical procedure as it relates to a nine-year-old child". He issued an injunction to block the procedure and to protect the boy from circumcision until he turns 18 and can decide for himself.[6][7] [8]

Afterword

The decision of the trial judge was not appealed to a higher court so the decision of the trial court stands.[8]

Doctors Opposing Circumcision (D.O.C.) (2006) commented that the ruling protected the boy's legal right to bodily integrity.[7] Doctors Opposing Circumcision (D.O.C.), later cited this case as a precedent in an amicus curiae brief filed with the Oregon Supreme Count in the case of Boldt v. Boldt in 2007.

Jonathan Bernaerts (2014) commented on this case on page 83 of his thesis. Schmidt v. Niznik (2006) is believed to be the first American legal case to recognize the right of a male child to genital autonomy — the right to decide for one's self about surgical operations and reconfiguration of one's genital organs.[1]

See also

References

  1. ↑ a b REFdocument Bernaerts, Jonathan Alfons J: The Cologne Judgment: a curiosity or the start sign for condemning circumcision of male children without their consent as a human rights violation? PDF, European Commission. (2014). Retrieved 4 May 2020.
  2. ↑ a b REFnews Peres, Judy (17 February 2006)."Circumcision decision delayed by court", Chicago Tribune. Retrieved 7 May 2020.
  3. ↑ a b c REFweb Svoboda, J. Steven. ARC Newsletter. Retrieved 3 May 2020.
  4. ↑ a b c d e f REFweb Respondent’s Closing Argument. Retrieved 3 May 2020.
  5. ↑ REFnews Peres, Judy (13 June 2006)."Doctors differ on circumcision need", Chicago Tribune. Retrieved 4 May 2020.
  6. ↑ REFnews Johnson, Carla (24 October 2006)."Judge takes father's side in circumcision feud", Chicago Sun-Times. Retrieved 4 May 2020.
  7. ↑ a b REFnews (25 October 2006)."Judge rules 9-year-old need not get circumcised.", Reuters. Retrieved 25 October 2020.
  8. ↑ a b REFnews Peres, Judy (24 October 2006)."Judge rules against boy’s circumcision", Chicago Tribune. Retrieved 6 May 2020.
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