Circumcision has become a regular topic in this journal. I never intended for it to be that way, but since it has become one of those things where strong moral feelings threaten civil liberties, I feel obligated to defend the legality of this practice on behalf of Jews and Muslims whose religious tradition requires them to circumcise their sons. However, as the debate is so often fuelled by these strong moral feelings, people tend to lose focus on civil liberties and the rational reasons behind religious freedom. To people who are either Christians themselves our secularists brought up in a culturally Christian family, religious freedom is simply a matter of what goes on in people’s heads. That’s what Christianity is about—thought, faith, and belief. But to Jews in particular, it’s very different. The Jewish religion is about law and conduct. So, to a Christian person, banning a certain practice is no threat to religious freedom. But to a Jewish person, banning a required practice is to ban the religion.
When confronted with this fact, Christian opponents to male circumcision often argue that a ban is not about being anti-Jewish; it’s a religion-neutral ban affecting everyone equally. In all respect, this is bullshit. Chris Travers uses satire to illustrate this in a comment on the Volokh Conspiracy:
Now, it’s too bad that Jews and Muslims will be badly impacted this [a ban on male circumcision] but what I am really concerned about are the Vegetarians. The fact is, eating meat is good and especially necessary for young children who are growing quickly, and furthermore that bacon and ham have special places in our culture. So I propose we treat as child neglect:
- Failure to feed one’s children meat at least once a week
- Failure to feed one’s children either bacon or ham made from pork at least once a month
I mean, these children are being deprived adequate nutrition, and those who aren’t given pork are being deprived an important cultural experience leading to greater acceptance and appreciation for great American food, ranging from the BLT to breakfast sausage.Now, I’d love to put in a religious exemption in because I really feel for the Jews and Muslims here, but the fact is, if we do that, all the vegans out there are going to claim some hippie-dippie airy-fairy mother-earth-gives-us-veggies religion and hence this will go nowhere. So I regret that we will indeed have meat and pork consumption mandates on all families with dependent children.
It’s not about religion. After all, my sense is that the Jews and Muslims are very tiny minorities out there on this issue. It’s about the vegetarians. It’s about culture and nutrition.
Brilliant!
PS! I took the liberty to fix some spelling in Travers’s comment.