Another baby dies of herpes in ritual circumcision by orthod

[_Panopticon]

http://www.theofrak.com/2012/05/baby-dies-of-herpes-in-ritual.html

This is seriously frakked up. Yet again, a baby dies of herpes in a ritual circumcision involving oral "cleansing." I'm generally in favor of letting people live their religion, but when it comes to dangerous practices that threaten the lives of children, it is time to call BS. Not every religious practice is protected under the Free Exercise Clause of the U.S. Constitution.

The Supreme Court's first encounter with a Free Exercise Clause claim came when a Mormon polygamist in the Utah Territory challenged his conviction under a federal anti-polygamy law. The Supreme Court rejected the appellant's claim that his religious beliefs necessitated, and therefore excused, his violation of federal law. The Court read the Free Exercise Clause as protecting religious beliefs, not religious practices that run counter to neutrally enforced criminal laws. Since then, laws have been upheld that ban snake handling, use of halucinagins, not paying taxes, etc., all of which were argued to be sincerely held religious beliefs.

In general, as long as a law does not target a particular religious practice, it does not violate the Free Exercise Clause. Employment Division v. Smith. This doesn't mean, however, that it is impossible to draft a law that has the effect of banning a particular practice. For example, there are public health reasons for preventing surgeries on children outside of a licensed facility by a trained physician. Similarly, there are religiously neutral reasons for preventing a "doctor" from cleaning a surgical site with his mouth.

[_Buffalo]

I agree - that practice should be outlawed, for the same reason Christian Scientists aren't allowed to deny their children lifesaving medical treatment.