elfs: (Default)
[personal profile] elfs
Wait, I'm confused. In a recent case in Oregon, a man divorced his wife, converted to Judaism, and then decided that his son, who's 12, should be circumcised in accordance with his faith. The courts have sided with the father over the mother.

Even though the father made this lifestyle choice late in life, his claim is that his authority as father (and fathers have authority under Jewish law) allows him to make this life-altering choice for his son.

On the other hand, 14 year old Dennis Lindberg, who only recently converted to Jehovah's Witnessing, a religion his parents do not share, was allowed to refuse all blood tranfusions and died today due to leukemia. Lindberg made his lifestyle choice late in life at the urging of an aunt, and despite being under the authority of both parents, has died because of his refusals.

In one case, the child's wishes are irrelevant; in the other, they are tantamount. In both cases, the authority rests with the person claiming religious conviction. I don't get it. Since when does Yaweh get veto power in our secular court system?

Date: 2007-11-29 08:28 pm (UTC)
From: [identity profile] jordan179.livejournal.com
The question: who has custody?

Date: 2007-11-29 09:56 pm (UTC)
From: [identity profile] pixel39.livejournal.com
In the case of the Jehovah's Witness, his aunt (also a JW) had custody.

Date: 2007-11-29 10:03 pm (UTC)
From: [identity profile] scyllacat.livejournal.com
I'M confused because you're not Jewish unless your MOTHER is Jewish.

Date: 2007-11-29 10:21 pm (UTC)
From: [identity profile] elxiii.livejournal.com
besides the fact that in Judaism... religion comes through the mother's side. so in mixed marriages, the children tend to be raised with whatever the mother is. go fig...

Date: 2007-11-30 12:28 am (UTC)
erisiansaint: (Default)
From: [personal profile] erisiansaint
My original comment is pretty much an echo.

But, speaking as someone who was born Jewish, this pisses me off, either way. That kid, according to Judaic law, isn't Jewish, and that his father would run roughshod over him like that infuriates me.
Edited Date: 2007-11-30 12:35 am (UTC)

Date: 2007-11-30 01:19 am (UTC)
From: [identity profile] slutdiary.livejournal.com
And that's the thing that bugs me about religiously-preoccupied zealots chiding people with "homosexuality is a choice". There is nothing more a "choice" than religion. It's even the unspoken premise of evangelicals - to cause people to "choose" to change to their religion.

Date: 2007-11-30 01:38 am (UTC)
ext_21:   (Default)
From: [identity profile] zvi-likes-tv.livejournal.com
1) Washington and Oregon have separate court systems, which may well have different rules about what to do when religious conviction and medical treatment conflict. P.S. I cannot determine that the Oregon Supreme Court has issued a ruling on this case; they didn't publish it on their website yet. And the trial court specifically ruled that the circumcision could not go forward until the mother completed her appeals.

2) Very often, a twelve year old and a fourteen year old do not have the same self-determination in the eyes of the law, because they have different levels of maturity. Even more importantly, the disagreement started when the kid was nine (http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/119440775580080.xml&coll=7&thispage=2), and so the trial was probably held when the kid was ten, and a ten year old certainly does not have the same right to self-determination as a fourteen year old (and the trial judge failed to inquire about the kid's desire for or against circumcision, so no higher court can consider what the kid wants; appellate courts rule on the record.)

3) According to the news article you provided, the 14 year old was under the guardianship of the aunt who shared his religious conviction. The twelve year old circumcision kid is in full custody of his father. The authority is resting with custody/guardianship, not with God.

Date: 2007-11-30 02:43 am (UTC)
From: (Anonymous)
I wonder how long it'll be before someone regrows foreskin using stem cells or something?

And once that happens, how long it'll be before they start getting suicide bombers in their clinic or lab?

Date: 2007-11-30 05:00 am (UTC)
From: [identity profile] rhonan.livejournal.com
I don't have any comment on the first case, as another already pointed out the salient feature. In the second case, however, I think society has an interest on encouraging people who want to remove themselves from the gene pool for religious reasons to do so, especially if they have not actually spread any of their genes yet.

Date: 2007-11-30 04:13 pm (UTC)
From: [identity profile] rhonan.livejournal.com
Icons want to be free!

Date: 2007-12-04 12:46 am (UTC)
From: (Anonymous)
I, too, wonder how long before someone promises to regrow suicide bombers using foreskin or stem cells or something.

Oh, wait, I guess I misread. :-)

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