Oregon court rejects circumcision case
Jan 28,2008 00:00
SALEM, Ore. - The Oregon Supreme Court Friday blocked a Jewish convert from having his 12-year-old son circumcised until the boy's own wishes have been determined.
The state high court sent the case back to a trial court, The Portland Oregonian reported.
The child's parents, James and Lia Boldt, are divorced. The father argued that having custody of his son gives him the right to make medical decisions for the boy.
Lia Boldt argued that circumcision is dangerous. She said that the boy was afraid to disagree with his father.
Lower courts ruled in the father's favor. But the state supreme court found that there had been no adequate finding of what the 12-year-old actually wants.
"In our view, at age 12, M's attitude regarding circumcision, though not conclusive of the custody issue presented here, is a fact necessary to the determination," Chief Justice Paul De Muniz wrote. "Forcing M at age 12 to undergo circumcision against his will could seriously affect the relationship between M and his father, and could have a pronounced effect on father's capability to properly care for M."
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