Circumcision is not a barrier to an individual's religious freedom

Was a German court justified in interfering with centuries of religious tradition?

A court in Cologne has ruled that circumcision, performed for religious reasons on male children below an age where they can meaningfully consent to the operation, amounts to an unwarranted and irreparable interference with their bodily integrity. Furthermore, it interferes with the right of a child "to decide for himself later on to what religion he wishes to belong".

The ruling, in a case involving a four-year-old Muslim boy who was injured in a botched procedure, has been strongly criticised by both Muslim and Jewish groups in Germany and beyond. In the UK Jonathan Arkush, vice-president of the Board of Deputies described it as "intolerant, ill-informed and deeply troubling."  Andrew Copson of the British Humanist Association, by contrast, supports it. He thinks it is "an open and shut case, ethically speaking" on the grounds that "respect for the autonomy of a person requires that they give consent for irreversible procedures affecting their body like cutting pieces off their genitals". And Pavan Dhaliwal, speaking publicly on behalf of the BHA, suggests that a ban on infant circumcision "would not constitute an attack on religious freedom, because boys would still be allowed to be circumcised when they reach an age to consent".

While Copson has some sympathy for Jews and Muslims who may interpret a ban as oppressive, he appears to locate the source of their discomfort in an emotional attachment to their traditions and, in the case of men, intimate feelings towards their own bodies. But this is more than a merely cultural or psychological issue. It would have especially serious consequences for Jewish religious practice. To ban the circumcision of infant boys would, in effect, be to ban Judaism itself, at least as it has been practised for almost three thousand years. Islam expects males to be circumcised but lays down no specific age for the procedure. Jewish law on the other hand requires circumcision on the eighth day after birth, an age at which even the most precocious infant would be unable to give informed consent. No uncircumcised boy would be able to celebrate his Bar Mitzvah at the traditional age of thirteen. It would be potentially catastrophic. That a German court should have produced such a ruling has only added to the disquiet. 

Along with the Sabbath and the rules of kosher, circumcision has always been one of the non-negotiable features of Judaism, indeed central to Jewish identity. The requirement is laid down in the book of Genesis (in chapter 17), which describes circumcision as the "token of the covenant" between God and Israel and goes on to warn that that "the uncircumcised man child whose flesh of his foreskin is not circumcised shall be cut off from the people; he has broken my covenant." 

The importance attached to the procedure is repeatedly stressed in the Hebrew Bible. In one incident recounted in Exodus, God threatens to kill Moses, apparently because the prophet's (non-Jewish) wife has not had their son circumcised. He is only saved when Zipporah takes the knife to her son's foreskin herself. The message is clear: so much does God care about circumcision that's he's prepared to kill the man without whom there would be no Judaism (nor any Christianity or Islam) at all rather than see one Israelite child in possession of a foreskin. It's that serious.

If circumcision were obviously a bad thing, then religious freedom could and should be overridden. No religious justification would suffice to permit human sacrifice, or indeed female genital mutilation (FGM), which most Western countries have specifically banned. But male circumcision is not obviously harmful, as FGM is. Performed properly, it is not dangerous. The World Health Organisation positively encourages it, the theory being that it protects against HIV and other sexually transmitted infections. The effect on sexual pleasure in later life is disputed. Men who are in a position to know offer differing opinions, with those who report improvement somewhat outnumbering those regretting the procedure. All agree, however, that even with anaesthetic during the operation it is very painful afterwards and it takes at least a month to recover.

This matters. If circumcision for religious reasons is restricted to adults, not only would this interfere with long-held custom (and in the Jewish case, Biblical law), it would also force men or older boys to undergo a painful procedure as a price of belonging to their ancestral religion. Uncircumcised male converts to Judaism or Islam already face this dilemma, of course, but it's not hard to see that the prospect would act as a deterrent to many men lacking in the zeal of a convert. At the same time, a circumcised man leaving the religion is not forced to be painfully uncircumcised. It's thus hard to follow the logic that sees the procedure as an interference with a boy's freedom to choose his religion later in life. Quite the reverse.

 

A young boy cries after being circumcised. Photograph: Getty Images
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I believe only Yvette Cooper has the breadth of support to beat Jeremy Corbyn

All the recent polling suggests Andy Burnham is losing more votes than anyone else to Jeremy Corbyn, says Diana Johnson MP.

Tom Blenkinsop MP on the New Statesman website today says he is giving his second preference to Andy Burnham as he thinks that Andy has the best chance of beating Jeremy.

This is on the basis that if Yvette goes out first all her second preferences will swing behind Andy, whereas if Andy goes out first then his second preferences, due to the broad alliance he has created behind his campaign, will all or largely switch to the other male candidate, Jeremy.

Let's take a deep breath and try and think through what will be the effect of preferential voting in the Labour leadership.

First of all, it is very difficult to know how second preferences will switch. From my telephone canvassing there is some rather interesting voting going on, but I don't accept that Tom’s analysis is correct. I have certainly picked up growing support for Yvette in recent weeks.

In fact you can argue the reverse of Tom’s analysis is true – Andy has moved further away from the centre and, as a result, his pitch to those like Tom who are supporting Liz first is now narrower. As a result, Yvette is more likely to pick up those second preferences.

Stats from the Yvette For Labour team show Yvette picking up the majority of second preferences from all candidates – from the Progress wing supporting Liz to the softer left fans of Jeremy – and Andy's supporters too. Their figures show many undecideds opting for Yvette as their first preference, as well as others choosing to switch their first preference to Yvette from one of the other candidates. It's for this reason I still believe only Yvette has the breadth of support to beat Jeremy and then to go on to win in 2020.

It's interesting that Andy has not been willing to make it clear that second preferences should go to Yvette or Liz. Yvette has been very clear that she would encourage second preferences to be for Andy or Liz.

Having watched Andy on Sky's Murnaghan show this morning, he categorically states that Labour will not get beyond first base with the electorate at a general election if we are not economically credible and that fundamentally Jeremy's economic plans do not add up. So, I am unsure why Andy is so unwilling to be clear on second preferences.

All the recent polling suggests Andy is losing more votes than anyone else to Jeremy. He trails fourth in London – where a huge proportion of our electorate is based.

So I would urge Tom to reflect more widely on who is best placed to provide the strongest opposition to the Tories, appeal to the widest group of voters and reach out to the communities we need to win back. I believe that this has to be Yvette.

The Newsnight focus group a few days ago showed that Yvette is best placed to win back those former Labour voters we will need in 2020.

Labour will pay a massive price if we ignore this.

Diana Johnson is the Labour MP for Hull North.