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→Commentary on Boldt v. Boldt
In closing: children who are welcomed, gently, into their birth communities have been given the gift of Joel Feinberg’s “open future.” They may embrace their community or they may eventually drift away; there is no way to tell, in advance, what they will choose. But, importantly, their options are left open, and none of their body parts will have been surgically modified or removed —without their consent — prior to the moment when we will be able to hear the voices of the adults they will become.<ref name="geisheker2010" />
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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.”
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