Back to the News 2007 page.THE STATESMEN, Portland, Tuesday, November 6, 2007.
By WILLIAM McCALL
Associated Press Writer
SALEM, Ore. (AP) – The father of a 12-year-old boy
told the Oregon Supreme Court on Tuesday
that circumcision is a decision best left to the
custodial parent while his ex-wife argued a trial judge
should have given more consideration to her concerns
about the effect on her son.
James Boldt, an attorney, argued
his own case in a dispute that began with his
conversion to Judaism in 2004.
But the six justices who heard the arguments over
whether Boldt's son should be circumcised steered clear
of religious issues and instead focused on custody of
the boy.
The argument centered on whether Boldt's request to
circumcise his son amounted to a risk to the boy's
health that supported the mother's argument that she
should be granted custody.
Chief Justice Paul De Muniz asked
James Boldt whether he felt the trial judge had the
authority to make the decision on circumcision for the
custodial parent without hearing more about the
concerns of the boy's mother, Lia Boldt.
"The court is not a rubber stamp," Boldt agreed. "A
court does not to have grant a hearing just for the
asking."
But Clayton Patrick, the attorney for
Lia Boldt, argued the trial judge should have allowed
her to present some evidence to support her health
concerns.
"In this case there's been a lot of talk that what
we're trying to do is say there can never be a
circumcision," Patrick said. "We're not saying that at
all. ... We presented enough evidence to at least have
a hearing."
Justice W. Michael Gillette asked
Patrick what would happen if the noncustodial parent of
a child objected to allowing participation in a risky
sport, such as football, and then answered his own
question.
"The answer to that is that's preposterous," Gillette
said. "In fact more people get hurt playing football
than from having a circumcision - a lot more, and a lot
more seriously."
At some point, Gillette suggested, parents cannot ask
a court to substitute its opinion for their own
judgment.
Gillette also suggested Lia Boldt was using
circumcision as a means to exert control over her son
after custody was granted to her ex-husband.
"Your client has been at her former husband's throat,
and he at hers, before this court, among other places,
over the last - let's see - nine years," Gillette told
Patrick.
"The suggestion to me that, quote - 'legitimate
concerns' - close quote arise under these circumstances
just starts to ring hollow after awhile," Gillette
said. "These people are fighting with each other and
whether it's legitimate or not is lost in the
noise."
The comments were echoed by Steve Freeman, attorney
for the Anti-Defamation League, one of
several national Jewish groups which filed friend of
the court briefs to support the father.
"Circumcision is being used as a weapon in an ugly
custody fight," Freeman said.
Rabbi Daniel Isaak at Congregation Neveh Shalom in
Portland, who attended the Tuesday hearing, noted that
general medical opinion on whether to circumcise tends
to go back and forth, like fashion. But the practice
has been an article of faith for Jews for thousands of
years.
John Geisheker, executive director of Doctors Opposing Circumcision, a
Seattle-based group, said after the hearing that he
hoped the court would consider the child's rights
before making any decision.
"The child deserves a hearing," Geisheker said. "This
is a serious procedure on a 12-year-old. Most men, I
think, would agree."
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