I'm not clear why Paul puts "cruel" in scare quotes. It seems clear--see Temple 
Grandin's lifework--that it IS less humane than other possible means of 
slaughtering. Perhaps it has to be tolerated, but we shouldn't avoid the truth.

Sandy

________________________________
From: religionlaw-boun...@lists.ucla.edu <religionlaw-boun...@lists.ucla.edu>
To: Paul Finkelman <paul.finkel...@yahoo.com>; Law & Religion issues for Law 
Academics <religionlaw@lists.ucla.edu>
Sent: Sun Jul 01 11:30:02 2012
Subject: Re: German circumcision decision

I posted this before I had a chance to read the decision, which I now see is 
about a Muslim case; that undermines some of my arguments, but not all of them. 
 The politics may be less about Jews than Muslims but the issue remains the 
same -- a fundamental attack on religious minorities.  I wonder, for example, 
whether the next step will be a ban on Kosher or Halal slaughtering on the 
grounds that it is "cruel" to animals? The case does not seem to be based on 
the place of the circumcision.  That is one could imagine a law that requires 
it to be done in a hospital. But this does not appear to be the issue here.

----
Paul Finkelman
President William McKinley Distinguished Professor of Law
Albany Law School
80 New Scotland Avenue
Albany, NY 12208

518-445-3386 (p)
518-445-3363 (f)


paul.finkel...@albanylaw.edu


www.paulfinkelman.com
________________________________
From: Paul Finkelman <paul.finkel...@yahoo.com>
To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu>
Sent: Sunday, July 1, 2012 12:21 PM
Subject: Re: German circumcision decision

Are they also banning parents from piercing the ears of children? In many 
cultures it is common to see infant girls with pierced ears.   Does the ban 
extend to pierced ears before age 18?  And then there is body piercing before 
age 18.  Is that being banned?  Has the Court banned tattoos for people under 
18?

And has this ban spread to Muslim male children, who are circumcised at age 7, 
10 or slightly later depending on the sect.

The fact is, given Germany's history of how it has dealt with Jews, is is not 
illegitimate to wonder what the Court is thinking.   Germany has one of the 
fastest growing Jewish populations in the world -- mostly through immigration.  
This decision, if enforced all over the country, would slow down or stop that 
population growth.  One might at least ponder why this case has come to the 
Germany court, and not one involving piercing, tattoos, or Muslim circumcision.

----
Paul Finkelman
President William McKinley Distinguished Professor of Law
Albany Law School
80 New Scotland Avenue
Albany, NY 12208

518-445-3386 (p)
518-445-3363 (f)


paul.finkel...@albanylaw.edu


www.paulfinkelman.com<http://www.paulfinkelman.com/>
________________________________
From: "Volokh, Eugene" <vol...@law.ucla.edu>
To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu>
Sent: Sunday, July 1, 2012 11:56 AM
Subject: RE: German circumcision decision

                Any chance we could have some helpful analysis of the decision, 
rather than one-liners?  The question of the degree to which parents should be 
able to permanently alter their children’s bodies – for religious reasons or 
otherwise – is not, it seems to me, one that has a completely obvious answer 
one way or the other.  There may indeed be one correct answer that can be 
demonstrated, but such demonstration requires argument rather than assertion.

                Eugene

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