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Washington, DC - Supreme Court Turns Away Oregon Circumcision Case |
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Washington, DC - The U.S. Supreme Court declined to take up an Oregon dispute between a father who wants to circumcise his 13-year-old son against the wishes of the boy's mother.
The case now goes back to an Oregon trial judge to determine whether the boy wants to undergo the procedure.
James Boldt, a former Southern Oregon resident who converted to Judaism, says his son wants to be circumcised for religious reasons. Lia Boldt claims her son is afraid to tell his father that he does not want to undergo the procedure.
The Boldts married in the early 1990s. She filed for divorce in 1998. The boy initially lived with his mother, but the father later gained custody.
James Boldt started studying Judaism in 1999 and eventually converted. James Boldt claims that as the custodial parent he has a constitutional right to raise his son in his religion.
The Oregon Supreme Court earlier this year did not rule on the substance of the dispute, but said the trial judge needed to determine the boy's wishes before deciding which parent to side with.
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Read Comments (8) — Post Yours »
1
Oct 06, 2008 at 03:34 PM Anonymous Says:
The boy's mother is a Russian Orthodox Christian, as was his father at the time of the boy's birth. Most likely this boy as an infant received three Sacraments in the Russian Orthodox Church- baptism, Holy Communion, and Chrismation (Confirmation). As a child welcomed into the Christian faith, it is wrong to now force this child to convert to another faith. As an adult he could make that choice, but he should not be forced by his father to do so against the wishes of his Christian mother and without taking into account the boy's desires.
2
Oct 06, 2008 at 03:47 PM Anonymous Says:
“ The boy's mother is a Russian Orthodox Christian, as was his father at the time of the boy's birth. Most likely this boy as an infant received three Sacraments in the Russian Orthodox Church- baptism, Holy Communion, and Chrismation (Confirmation). As a child welcomed into the Christian faith, it is wrong to now force this child to convert to another faith. As an adult he could make that choice, but he should not be forced by his father to do so against the wishes of his Christian mother and without taking into account the boy's desires. ”
So if conversion is the problem, not circumcision; then the mother should say so!
3
Oct 06, 2008 at 07:06 PM Joe in CA Says:
Amazing. This is probably one of the most un-biased articles on the Oregon case I've read. I applaud the author. There are many problems with this case; one, the child isn't 8 days old. It's not like the father has always been Jewish, he only recently converted. Two, how can we take a parent's word for it either way? The child is old enough to speak. How is it possible a parent who only recently decided to convert can treat his/her child like an accessory? How is it the courts only recently decided the child's word is important? And three. Can we REALLY trust the child's word? He is 13, and his father has been cajolling him since he gained custody. As if the child could really say what he wants, despite the influence of his father, who has a court battle to lose. The child is old enough to talk, but not old enough to make well thought-out decisions. And it's not like hair, like if he decides to cut it off, he can grow it back again; circumcision is PERMANENT. A child psychologist needs to go in there and analyze the child to make sure that circumcision is really what the child wants. Or, better yet, have the child wait until he is old enough to phone the mohel. The child isn't a baby who will not remember; he is 13 years old for crying out loud. Don't treat him like an accessory. Let him make his own choice. If he truly wants to be Jewish, then he will get circumcised by himself. Shalom to all. :-)
4
Oct 07, 2008 at 02:52 AM Hudy Says:
Hope the mother wins the case.
There's no reason her child should undergo a circumcision if he’s not Jewish. This child will not become Jewish by that.
And how Jewish is the father if he lives with his non-Jewish wife?
5
Oct 07, 2008 at 02:36 AM Yitz Says:
Halocho says that the child IS old enough to make the decision. Being 13 is exactly the right age. The child will have to go through the entire geirus procedure,
i.e. milah, t'vila, and kabolas mitzvos, since his mother is a gentile.
6
Oct 07, 2008 at 11:51 AM Joe in CA Says:
The child is NOT yet old enough. The child is under the influence of his father. The child can be pressured to do anything by his father, who has custody. "Exactly the right age" is when the boy is free and independent, not when he has to live with his now-Jewish father, who now is pressured to have him circumcised even MORE so, because he has a case to win in court. The child doesn't have to "go through" ANYTHING he does not wish. His body, his choice. Not only that, but some Jews choose Brit Shalom instead of Brit Milah. Much to the chagrin of more concervative Jews, pretty much like many other mitzvots concidered too ancient for the time, like child slavery, sacrifice, and stoning homosexuals, adulterers and fornicators to death, circumcision is on its way out. Thank Adonai. What's more, this child is NOT Jewish; his MOTHER isn't Jewish, which is where the Jewish heritage comes from, and his father is ger, which means he's not even a real Jew. The Supreme Court has wisely chosen that it should be up to the child to decide. Maybe there still is some justice left in this world.
7
Oct 07, 2008 at 10:45 PM bigwheeel Says:
“ The boy's mother is a Russian Orthodox Christian, as was his father at the time of the boy's birth. Most likely this boy as an infant received three Sacraments in the Russian Orthodox Church- baptism, Holy Communion, and Chrismation (Confirmation). As a child welcomed into the Christian faith, it is wrong to now force this child to convert to another faith. As an adult he could make that choice, but he should not be forced by his father to do so against the wishes of his Christian mother and without taking into account the boy's desires. ”
The poster (#1) is obviously well versed in the ceremonies of the Christian faith!
I agree with the statement that the child should decide for himself when he becomes an adult! The principle of accepting Converts in the Jewish Religion is based upon absolute voluntary and complete conviction! No forcing or proselyltizing is allowed!!!
8
Oct 07, 2008 at 10:09 PM Anonymous Says:
“ The child is NOT yet old enough. The child is under the influence of his father. The child can be pressured to do anything by his father, who has custody. "Exactly the right age" is when the boy is free and independent, not when he has to live with his now-Jewish father, who now is pressured to have him circumcised even MORE so, because he has a case to win in court. The child doesn't have to "go through" ANYTHING he does not wish. His body, his choice. Not only that, but some Jews choose Brit Shalom instead of Brit Milah. Much to the chagrin of more concervative Jews, pretty much like many other mitzvots concidered too ancient for the time, like child slavery, sacrifice, and stoning homosexuals, adulterers and fornicators to death, circumcision is on its way out. Thank Adonai. What's more, this child is NOT Jewish; his MOTHER isn't Jewish, which is where the Jewish heritage comes from, and his father is ger, which means he's not even a real Jew. The Supreme Court has wisely chosen that it should be up to the child to decide. Maybe there still is some justice left in this world. ”
"not even a real jew"..."brit shalom"...methinks your true agenda has been revealed, sir.