A California judge plans to stop a vote on a proposed ban on male circumcision due to occur in the city’s November ballot.
The controversial measure would have made San Francisco the first city in the United States to hold a public vote on whether to outlaw circumcision of children, The New York Times reports.
However, Superior Court Judge Loretta Giorgi has said the proposed ban violates a California law that makes regulating medical procedures a function of the state, not cities, AP reports.
‘‘It serves no legitimate purpose to allow a measure – whose invalidity can be determined as a matter of law – to remain on the ballot,’’ Giorgi wrote.
Before making her final ruling, Giorgi ordered San Francisco’s elections director to remove the controversial proposal from the ballot.
The citizens’ initiative, which made the ballot in May after a petition of 7163 signatures in support, would have made circumcision a misdemeanor offense punishable by a fine of up to $US1000 or one year in jail.
The initiative did not offer exemptions for religious rituals such as the Jewish bris or Muslim khitan, AFP reports.
A group of doctors, families, community groups and the city’s attorney’s office sued last month to get the measure off the ballot, arguing that it was anti-Semitic and violated state law, LA Times says.
Giorgi will hear more argument on the issue Thursday before making her ruling final.
Those in favor of the ban argue that it was necessary to prevent a form of genital mutilation from being forced on children, AP says.
State law prohibits cities and counties from regulating medical procedures, but two California Assembly members have introduced a bill that would specifically pre-empt local governments from enacting laws regarding male circumcision.
The ban's sponsor, anti-circumcision activist Lloyd Schofield, did not immediately respond to a telephone call and email from The Associated Press seeking comment.
In April, he told Reuters: ‘‘It’s excruciatingly painful and permanently damaging surgery that's forced on men when they're at their weakest and most vulnerable’’.
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