A renowned lawyer, well known as a staunch advocate of civil rights, came out with some surprising words on the topic of metziza b’peh in a radio interview that took place this past Saturday night.
Speaking with talk show host Zev Brenner, attorney Nathan Lewin said that he supported New York City’s decision to require signed parental consent before a mohel would be allowed to do metzitza b’peh.
Lewin told Brenner that he declined to represent the parties that were challenging New York City on the metzitza b’peh ruling and that while he has respect for the lawyers who took the case, it was not one that he would have taken on.
“I hope that the very fine lawyers who are representing the community that wants to be free of any restriction are able to succeed, but it seems to me that it is not unreasonable, even in the area of religious observance, for the city to require parents to sign a form that says that their eight day old baby can have this controversial procedure performed on them,” Lewin told VIN News today in an interview.
“Given the allegations and history this is a reasonable requirement on the part of the city and falls within the kinds of things that are ordinarily regulated even if there is a religious duty attached.”
Lewin agreed that having the city regulate even one component of a religious practice could potentially create a dangerous precedent if it led to further restrictions on bris milah.
“That is the one legitimate argument that can be made against here,” observed Lewin. “But I think we can cross that bridge when we come to it.”
If the City really believes, and has proof that it is a threat –
They could have conviced Jewish leaders and Rabbonim to put out such a P’sak. –
The City should never force their way into a community regulate religious ceremonies.
But why did Michoel Bloomberg decide how parents should do their Bris?
Why do you think that more Frum babies die from Herpes than anyone else?
To say it about money shows you do not know know Nat Lewin.
Since the time of Gemara – Bris milah has constantly come under attack.
Chassidim in Russia were imprisoned and tortured becaused they perormed Bris.
While technically he was evidently not retained and therefore no attorney – client relationship was created this should not have been disclosed. When one consults with counsel in the process of seeking representation there is a well-founded assumption on the part of the prospective client that the subject of the consultation even if it doesnt result in a retention will not be disclosed. While Attoney Lewin didnt disclose anything the clients told him the disclosure of the fact that a consultation occurred really should have been kept confidential. By the way we dont know if that was why he wasnt… Read more »
Mohel should want to protect himself from lawsuit ch”v and have parents sign consent anyway! Don’t see why government needs to get involved however…
that the issue should be whether parents have to sign a form, rather what the form says. By now it’s become evident that the reason for the form is that parents should be “Warned.” Since this is the issue, the form has become corrupt. To just ask a parent to sign a form is one thing, but to forcibly convince them that it’s something they should be worried about is wrong.
He turned them down. So why does he owe them any duty?
The city is NOT trying to ban Metzitza B’peh, but rather they want to enforce a health law that would require parents to sign a waiver allowing the Mohel to perform it.
It just so happens that there were cases of infants that have contracted diseases from Metzizta B’peh, that cannot be overlooked!!
There are many Frum Yidden who do not preform Metzitza B’peh on their children, there are reasons why it’s controversial.. Where there’s smoke, there’s fire.
Oh c’mon. Every lawyer knows you only decline a representation based on money. Lewin is no different.
I have a question. I do not want to attack anyone I just want to understand. Are there not rabbis (albeit non chabad) who pasken that metzitza b’peh is not integrally needed in a bris hallachically? We know these days that this procedure is potentially life threatening. Even if the chances are small, and it’s only once every 20 years, there are innocent little children who are put in life threatening situations (and some do not make it) as a direct result of this procedure. If there is wiggle room in Halacha for this, and we could save even one… Read more »
What ethical lawyer would disclose on the airwaves that a client consulted him in confidence and he refused to represent them because he disagreed with them? He should be disbarred.
The same reason why the sugary drinks regulations were struck down should apply here. Amazing that Lewin apparently also has no problem with the mayor usurping the functions of the elected City Council.
allegations, not facts! Shame on you Mr Lewin!
It’s not unreasonable for parents to have to give consent. You have to consent when sending your kids on a trip to the zoo or paintball shooting. Although I’m not happy with it I don’t see how the government is out of line here. It’s not about statistics. There is no other time in medical practive where a procedure is done where physical contact is allowed. Drs use gloves to put on a bandaid. I don’t see why they shouldn’t ask for parental consent for this kind of contact. Ultimately, Jews are supposed to do the Mitzvos because we want… Read more »
G-d took responsibility for metziza b’peh and he is very trustworthy. Does anyone thing g-d needs help from anyone!
Very surprised to hear this. Bris is a very sensitive issue.
It’s not only the past 2000 years,
Even NOW there are western Countries (like Germany) banning Bris altogether.
Daas Baalei Batim hepech Daas Torah. This is a holy and important minhag yisroel that is the beginning of a Jewish boy’s life and needs to be protected by all.
he was basically saying there is a legal basis, nothing else
we already came to it.
It’s sad to see how a man of his caliber and intellect can buy into such nonsense. I guess every person has a breaking point — or perhaps, a price.
He doesn’t endorse it rather implies its a losing battle.
He didn’t say he supports the regulation. On the contrary, he said he hopes the lawyers who took the case win. He just doesn’t think they have much chance.