Defense lawyers have said they will argue a freedom of religion defense – setting the stage for an explosive test of Americans’ religious rights that experts say could ultimately be settled by the Supreme Court.
As Robert Spencer explained here, Fakhruddin Attar’s lawyer Mary Chartier “apparently she intends to argue that female genital mutilation (contrary to constantly repeated establishment media myth) is justified in Islam, and that therefore Dr. Attar was just exercising his freedom of religion. If that is really what she intends to do, this will become a test case for the spread of Sharia practices in the U.S.: either Muslims will be allowed to violate existing U.S. laws under the rubric of the freedom of religion, or they will be called upon to obey U.S. laws even when those laws conflict with the teachings of Islam. If the court rules for the latter, the U.S. will have a chance to continue to exist as a free society. If the court rules for the former, it will be opening the door to all manner of jihad activity and Sharia practices that violate laws regarding equality of rights and equality of access to services, and no one will be able to say a word against the spread of Sharia in the U.S.”
According to the World Health Organization:
FGM is recognized internationally as a violation of the human rights of girls and women. It reflects deep-rooted inequality between the sexes, and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children.
Yet the barbaric practice is being audaciously presented in court as a religious right. If this succeeds, other Islamic practices such as child marriage, wife-beating and the beheading of “blasphemers” could also be recognized as religious rights.
“Michigan FGM case could test bounds of religious liberty”, by Trevor Bach, Christian Science Monitor (thanks to The Religion of Peace), July 27, 2017:
This fall, a United States district judge will hear a landmark case: For the first time, the federal government is pursuing a case of female genital mutilation on American soil.
Defense lawyers have said they will argue a freedom of religion defense – setting the stage for an explosive test of Americans’ religious rights that experts say could ultimately be settled by the Supreme Court.
The case began with charges related to two 7-year-old girls who were transported to Livonia, Mich., by their parents to have FGM performed on them, according to the government. Six people have been charged, and the clinic where the procedures were performed has been closed. The reach of the investigation has since expanded to cities including Los Angeles and Minneapolis. Assistant US Attorney Sarah Woodward has said in court it’s possible the doctor performed nearly 100 procedures between 2005 and 2017.
“Most religious freedoms don’t really affect other people,” says Frank Ravitch, an expert on law and religion who teaches at Michigan State University’s law school. “There are exceptions, but not in this direct a way, where we have these young girls who are having their bodies affected. It raises some really powerful questions.”
In the Michigan case, the courts will weigh a religious minority’s rights against the federal government’s interest in protecting children. Experts agree that if the government proves the procedure caused substantial harm to the girls, then convictions are virtually guaranteed.
“Religious freedom does not include the freedom to do things that we all consider harmful to children,” says Robert Sedler, a constitutional law professor at Wayne State University in Detroit….
Jumana Nagarwala, the doctor who performed the procedure; Fakhruddin Attar, the owner of the clinic; his wife, Farida, who prosecutors allege assisted; another assistant, Tahera Shafiq; and Farida Arif and Fatema Dahodwala, the mothers of two Detroit-area girls who prosecutors allege were also victims, all face charges. The accused and the alleged victims are all members of the Dawoodi Bohras, a sect of Shiite Islam concentrated in western India….
“We know there is female genital mutilation,” Mary Chartier, a lawyer for Fakhruddin Attar, told the Detroit Free Press in May. “No one is saying it doesn’t exist. But what we’re saying is this procedure does not qualify as FGM.”…
Richard says
Religious freedom is the only excuse however this isnt like baptism of a baby that one may use a towel to dry the infant.
BC says
“We know there is female genital mutilation,” Mary Chartier, a lawyer for Fakhruddin Attar, told the Detroit Free Press in May. “No one is saying it doesn’t exist. But what we’re saying is this procedure does not qualify as FGM.”…
Only a lawyer could utter such an obvious contradiction, and worst she is a woman. She should be disbarred.
p says
It qualifies as a hate crime against children, though. Check all the girls, and
deport the parents if found.
This is why in 1952 muslims were declared inadmissable
John Forbes says
When are the UNITED STATES going to stand up for AMERICAN LAWS ?????????? The DEFENSE for this THIS FMG is UTTERLY UNACCEPTABLE !!
WHY will the PEOPLE NOT STAND up to this HORRIBLE PRACTICES ???
Creole Gumbo says
Because most people only care about what directly affects them.
p says
amputations and stonings should be considered religious freedoms. Honor killings are the highest relious event. Cage burnings of infidels should be in there, too
Steven Lynch says
Lawyers defend Muslims because they are Free Masons. The whole American BAR Association and the court system has been Masonic. They are secretly taught to
Believe be in Islam. You can see the word Islam on the red Shriners hats. Our pilgrim forefathers were against blood thirsty witchcraft. They knew back then that these secret Satanic Societies kidnapped children and drank the blood of people. Today it is called pediphilia. Our Masonic Politicians killed Senator Nancy Shafer for exposing Child Rackiteering. Wake up America.
John A. Marre says
Freedom of religion does not mean things that are against American law. Unfortunately, America has become so wimpified, that it does not know what the hell it stands for, who the hell it is, and what is right or wrong. America does nothing but apologize for itself, shuffle its feet, and bow down in submission.
While not changing its laws to accomodate Muslims, it suspends enforcement of its laws to accomodate Muslims, effectively granting Muslims permission to carry out actions that are illegal in the USA.
Johnny Cuyana says
JAMarre., correct you are EXACTLY.
How can there be a more appropriate case demonstrating the time-tested AMERICAN aphorism that ONE’s freedom, is this case purported religious freedom, ENDS AT THE BEGINNING OF THE OTHER PERSON’S NOSE?
Note: If this is the primary defense being planned … I am hoping that this matter in court should be reconciled in short order: throw these barbaric death cult muhammedans in jail and, after completion of sentence, deport them to the hell holes from which they came. Obviously, they have NO UNDERSTANDING nor APPRECIATION of what it means to be an American and to live under our laws … and, further, they demonstrate NO INTEREST in ever doing so.
Our laws, which are based largely on the wording contained in our DOI, where it states that we are all endowed by our creator with certain inalienable rights including life, liberty and the pursuit of happiness. These barbarians have derived all of these defenseless little girls of their basic right to the pursuit of happiness. Why is not the ACLU, SPLC and all these other “rights” advocate organizations ALL OVER THIS MATTER and working to get these barbarian immoral quasi-doctors convicted to the full extent of the law. [BTW, for my vote, the penalties for violating these laws are WAY TOO lenient.]
p says
They are here to use violence to take control of the country. Look at 1400 years of history
Dwayne Austin says
If the court rules for the former, it will be opening the door to all manner of jihad activity and Sharia practices that violate laws regarding equality of rights and equality of access to services, and no one will be able to say a word against the spread of Sharia in the U.S.”
The Supreme Court would have to accommodate every other religion like Mormon Polygamy…
p says
It can be acceptable to a democrat, though. Watch the judge, and expect it to go to the supreme court if the judge is a typical lib-loon making funny noises through his air hole
Jaladhi says
Quran also commands Muslims to murder non-Muslims. So for such an offense under religious freedom Muslims are free to kill all non-Muslims with no consequences. Let’s see if the moronic judges will go along with this argument!
PRCS says
Well, we don’t know if they’re moronic–yet.
Jaladhi says
One can be certain that they are moronic – just look at the records of various judges in Hawaii and Seattle who stayed the immigration executive order of Trump. Most of these judges are the product of US education system where they learned to PC and worship multiculturalism.
PRCS says
But—as we don’t know who the judges will be at this time….
We can only speculate.
gravenimage says
True, PRCS–I hope they stand fast for civilized American law.
p says
how many obama judges in 8 years?
p says
If they do it in California what do you think will happen?
Rob says
Most of America’s moronic judges (and other government officials) have no true knowledge of what the Quran REALLY says – and they don’t seem inclined to correct that situation. If they had read the Quran and some of Islam’s other religious texts, they wouldn’t be constantly spouting the “religion of peace” crap, CAIR and its affiliates would be shut down, and Islamic training camps in the U.S. would be confronted like other “supremacist” groups. Islamists are now pushing Western countries because of our perceived weakness, and the U.S. government’s “Chamberlain” tact will bring to the U.S. what Neville Chamberlain brought to Britain.
infidel numero uno says
Sorry, mooselimes, religious freedom defense does not allow mutilation of young girls. It is a despicable affront to human nature. Jail time, then deportation.
p says
it does in England.
mortimer says
The fact that they are using the religious defense to PROTECT VIOLENCE AGAINST WOMEN is the sign that American LAWYERS ARE NOW LEGALLY INSANE.
mortimer says
Much of Islam is ILLEGAL under the laws of MOST COUNTRIES TODAY.
Parts of Sharia law cannot be practiced in even the MOST ISLAMIC countries.
This shows that ISLAM IS ABSURD and that practicing Islam is IMPOSSIBLE in the modern world.
The purpose of Sharia law is to REMOVE the human rights and civil liberties of WOMEN and dirty KAFIRS.
Modern human rights codes are destroying the ability of Muslims to practice the SUNNA of Mohammed.
PRCS says
The purpose of ISLAMIC law is to control everyone under its authority–completely.
Islam’s ultimate goal is to subject all mankind under the hegemony of ISLAMIC law.
gravenimage says
Exactly, PRCS–this is what Jihad is for–to force all Infidels to submit to Islamic law.
Anti-jihad says
Around the world, when a Muslim commits a crime that would send anyone else to jail for a very long time, like animal cruelty, incest, rape, murder, etc., the Muslim is given a free pass because it was part of his “culture” or it was part of his “religion”.
No one ever questions whether such a barbaric culture should be excused from prosecution to the fullest extent of the law in the 21st century. No one ever questions what kind of a religion has a whole political system attached to it.
The West needs to wake up!
Kay says
“”But what we’re saying is this procedure does not qualify as FGM.”…”
—
What does that mean?
PRCS says
Their defense is that it’s “just” a small “scraping”.
NormLC says
The Federal complaint filed in this case does not mention cutting or removing the clitoris. Only the girl’s foreskin and inner labia. It is a common form of FGM.
OVERTURNED BY HI says
their licences to practice medicine should be revoked and then they should be deported!
Kay says
Revoking their licenses is a no-brainer. What would happen to anyone else who’d been cutting up children?
Just naming their evil practices “religion” gives many people pause.
Cutting out hearts and other forms of human sacrifice were once deemed “religion” by some, by those with power to kill the body.
PRCS says
Deport them?
You know that would have to be adjudicated—first.
And if appropriate, shouldn’t that occur AFTER jail time?
PRCS says
I hope their defense lawyers DO present this as a “religious” practice for these reasons:
1. The public needs to know–unequivocally–that it IS an Islamic practice.
2. To make clear that U.S. law reigns supreme over religious laws-in the U.S.
utis says
Interesting thought. Defense lawyers seem to be able to throw any kind of crap at a judge/jury in defense of their client. It’s up to the judges to draw the line. If this case sets a precedent that anything goes if it’s religious, then baby killers will insist they were sacrificing to Ba’al. Why prosecute people who kidnap and maim or butcher albino African-Americans if they can can claim they are practicing African animism and need the body parts for magic practice? Why can’t Chucky Manson’s Family get out of jail, since they thought they were killing for Christ’s avatar?
Linnte says
I agree! Muhammd said both males and females should be circumcised. Let all this nasty info become public. In fact, let’s hope that the truth about Islam, (that it is a Government SYSTEM and not simply a religion) comes out in this court case. Let Sharia be EXAMINED with a microscope!
ploome says
deport her
Charlie in NY says
The easiest way to think about the First Amendment’s free exercise clause is to distinguish between “belief” and “practice.” The former is covered but the latter depends on what the particular practice consists of. So, for instance, the Eucharist is fine but an actual human sacrifice is not. Deciding that your god opposes life saving blood transfusions is okay as applied to you as an otherwise responsible adult but, as recently happened, will land in you jail if you impose your view on your child who then dies. It should go without saying that no doctor could justify on religious grounds withholding blood transfusions from his patients.
So in this case, where a practice contravenes established US laws, public policy and norms, as FGM surely does, this defense will be rejected by the judge on First Amendment grounds and on every other ground. As the test is of a “sincerely held belief”, I suspect, the judge might throw a bone to the Islamists and narrow any finding to what this woman believed as opposed to whether or not and not Islam however defined requires FGM.
PRCS says
“where a practice contravenes established US laws”
The bottom line.
JW_Reader says
The child protective service of MI should get involve. They can file a friends of the court brief in this matter documenting the harm done to children by the procedure. There are many adult Muslim women, who had undergone FGM, and would be willing to testify for prosecution. Muslims want to put a limit on free speech and keep their Muhammad out of criticism. But they want no limit on religious practices even if it means physically and psychologically harming little children.
Troybeam says
Of course they are yet Islam is not a religion: its a theocracy, thanks to LBJ during his term as president he disregarded the 6th Amendment, bone up people on the 6th Amendment: no other governments allowed to operate within our nation:
Islam, sharia law, governed only to Muslims, self government for Muslims where does this fall into a religion: BTW; Islam means SUBMISSION not peace.
Islam is not here to assimilate, it never has and never will Islam is here to conquer.
Westman says
Warren Jeffs and the FLDS tried to present polygamy as a protected religious right. How did that work out? As these “doctors” are about to discover, this isn’t Europe.
somehistory says
They claim that it isn’t FGM, because….they want to get away with the commission of crimes against the children. Sexual abuse is included in what they do.
Imagine that there existed a religion or religious cult, that took little girls in and cut off a piece of their face. They might claim that they needed to make all little girls realize that beauty can lead to having too much pride. So, they cut off a piece of the nose or lip or cheek. Everyone not of the cult could see that it was a “mutilation” and wrong.
Suppose a sect of the cult claimed that the operation they did was only a “scrapping” of the nose, lip, cheek, etc. It still makes a scar to insure that the child will not grow up flawlessly beautiful. And it still causes needless pain.
There are practices that tribes have in various places that would be prosecuted as child abuse if performed here in the U.S.
A serial rapist could claim his religion’ called for him to rape women. A serial burglar could claim his ‘religion’ called for him to steal.
A pathological liar, appearing before Congress…where it is a crime to lie…could claim that it is his ‘religious’ belief that he must lie when asked certain questions by reps of the government.
These ghouls who are sexually abusing these children are claiming it is their *right* to do so, calling it religious. They must not win this court case.
For the sake of other children. And because it is so very wrong. And because they will then demand more *freedoms* for their *religion.* They will claim they have the *religious* right to rape children, beat women in the street for not *covering* and kill all who disagree…in word or deed.
Just as the moslums in Israel demanded, were allowed to have what they demanded and are demanding more and more and more.
Barry says
If I were a mohammaden (which I’m not – I not only believe in the Lord Jesus but KNOW he always was, is, and always will be the image of the invisible God – the Son in the Triune Godhead)….but if I was a mohommaden, – and IF their lawyers are successful in arguing for ‘Religious Freedom’ to practice FGM, then If I was them (mohammadens, I’d push hard for ‘religious freedom’ to practice polygamy (outlawed in the U.S. in the late 1880’s – ended in Mormonism ~ 9/25/1890). Then if I were the mohammadens, after gaining polygamy and FGM, I’d go for ‘religious’ freedom’ to impose the Jizya by billing the U.S. government and state governments….then, honor murder (killing), then amputations and stoning……and the whole shebang…..then the intellectual/ enlightened west can capitulate and bow to the pagan god of islam as it’s been doing with consumerism and liberalism/ communism….it’s all the same pagan god…which is to say CORRECTLY, satan.
TKF says
Can human sacrifice be far behind? “God told me it was okay”, cannot become the standard for civilized behavior and human rights in this country. In the contest of religious rights and the law….the law must take precedence. ALWAYS!
Historian says
It’s bad enough that FGM causes enormous pain and makes sexual satisfaction more difficult for the victimized. What’s arguably worse: since it exacerbates complications with childbirth, increasing maternal and infant morbidity and mortality, ALL taxpayers end up paying for its destructiveness through medical insurance and outright subsidies for medical care.
THAT should be one of the arguments the government uses against this dangerous exploitation of the First Amendment.
Michael Copeland says
Is US law supreme in US or not?
Simple question.
bogsidebunny says
If they win will that make circumcisions illegal?
Just A Concerned Citizen says
Of course not. It’s totally different (and somehow A-OK) when the victim is male, doncha know.
All the same, I sure wish my own parents would’ve been satisfied with a mere symbolic pinprick, since clearly my basic human rights and religious freedom were non-issues.
NormLC says
Less damage was done to the girls in the Michigan case than was done to you and I by male circumcision. The Federal complaint filed in this case does not mention cutting or removing the clitoris. Only the girl’s foreskin and inner labia. It is a common form of FGM.
jez says
so why do they do it? it has a purpose – to destroy any desire on the part of the female, so that she will be obedient and submissive. therefore, it has a physical result, regardless of what you want to call it
AzB says
Hah…well i’m sure some will note the irony to this defense.
If anyone mention FGM as one of the cultural negatives of Islam, say on twitter, they will be mobbed by 100s of liberals saying it is “cultural” and has “nothing to do with religion”.
That’s actually partly true for once, but the practice is preserved to a much greater degree than it would otherwise be, due to religious scriptures. The resistance to changing it in numerous countries is due to religion, mainly.
Ironic though that religion would be used as the defense. If they win the case, will multiculti progressives finally change their tune? They won’t. They’ll probably say it was a bad ruling.
Maybe even prejudicial .
PRCS says
Very true.
David Conell says
The LDS church made the same freedom of religion argument for polygamy in the 19th century. That argument was rejected by the Supreme Court in Sullivan v US and explicitly stated there is no religious freedom that can violate US law. For the defendants to win Sullivan would have to be overturned.
David Conell says
Oops, Reynolds v US.
gravenimage says
Michigan: Lawyers for Muslim doctors charged with performing FGM to use religious freedom as defense
……………………
If mutilating children is considered “religious freedom”, what else qualifies? Pedophile “marriages”? “Honor Killings”? Keeping sex slaves? Stoning rape victims to death? **Ugh**.
Anne Smith says
There are many primitive religions throughout the world which have barbaric and cruel practices. Until now no-one has ever assumed that their practices would be considered allowable in the UK or the US.
Just what is it about Muslims that makes the unthinkable accepted?
The power of their vote?
Mary says
Maybe the Court should consider that the the children have not provided their consent for this disgusting practice that is not done for health reasons. The silence from the feminists is overwhelming.
Sarah says
And that in a nutshell, is why I walked away from feminism, Mary.
I will always fight for gender equality and fair and equal treatment for males and females under the eyes of the law and within our communities. I do not believe and will never believe that a person’s genitals determine their worth or inherent superiority or inferiority.
But I won’t be a party to the corruption that has set into feminism. I will not stand by and watch feminists ally with Islam and distract themselves with shrieking about ‘pussy hats’ so as to avoid having to deal with the idea of young girls being permanently mutilated so as they never can enjoy the sexual act.
What the hell happened to feminism? it is an obscene parody of what it once was. Elizabeth Cady Stanton, Susan B Anthony, Emmeline Pankhurst etc etc – they must be rolling in their graves right now. Is this really what they fought so hard for?
Creole Gumbo says
If the doctor was acting in the capacity of a medical provider she cannot reasonably argue that she was performing a religious rite. The practice of medicine is not the practice of religion.
duh swami says
There is no such thing as absolute freedom of religion in America…
If that were the case for sharia, crucifixions and amputations would be legal…Quran 5:33…
762x51FMJ says
If torture and sexual mutilation of a child is legalized on the basis of religion.
Then the legalization of rape and murder on religious grounds will surely follow..
Lioness says
Murdering infidels may also come under religious freedom. Anything that’s in the Quran qualifies. In this insane atmosphere in the West, it will not surprise me if the FGM case will win in court, therefore will become legal in the US. Full Sharia after that.
Jayell says
If WW2 had taken place 60 years later, I wonder if the authorities at Auschwitz and Belsen might have tried something like this as a get-out at the Nuremburg trials?
Sarah says
“We know there is female genital mutilation,” Mary Chartier, a lawyer for Fakhruddin Attar, told the Detroit Free Press in May. “No one is saying it doesn’t exist. But what we’re saying is this procedure does not qualify as FGM.”
As a woman, I find the idea of a Western female acting as the legal representative for these two scumbags to be completely reprehensible and unforgivable.
That’s not to say that its OK for a male Lawyer to take the case in this situation either – but given we’re discussing FGM – its a betrayal to see an educated Western female take money to DEFEND these two monsters.
How does she sleep at night?
Henner720 says
Rolex loyer girl playing pretend game. aliby Pretending (meanwhile scouping money),only meeting paragraphs in her job situation.( deeply deeply hurting her country u.s.a.)hiding away from that fact in some iscold crystal mansion.
Henner720 says
Ban palestinias as they are deceptive evil violent victimplayers.
Do the same with somaliens , iraniens except kurds,
Make a collective punishment. Muslim hate speech =》 100 muslims out of u.s.
Stand hard from morning til evening.
Dont let criminals play eith your mind. Recall they are deceptive.
Nicole says
We have reached the point where a civil and enlightened society must stand up to primitive
savagery hiding behind ‘religion.’ It should be clear that religion does not dictate morality.