The defense is also claiming that the female genital mutilation procedure was no crime, because it is a religious ritual. They’re trying to make this case into a showdown over the First Amendment: does the freedom of religion grant one the permission to commit other crimes that are allowed by one’s religion? We shall see.
“Defense tries to toss genital mutilation charges,” by Robert Snell, Detroit News, November 6, 2018:
Detroit — Defense lawyers tried to convince a federal judge Tuesday to dismiss female genital mutilation charges in the first criminal case of its kind nationwide, arguing the law is unconstitutional.
The bid by defense lawyers is the first challenge to a 22-year-old federal law that went unused until April 2017. That’s when Dr. Jumana Nagarwala of Northville was arrested and accused of heading a conspiracy that lasted 12 years, involved seven people and led to mutilating the genitalia of nine girls as part of a religious procedure practiced by some members of the Dawoodi Bohra, a Muslim sect from India that has a small community in Metro Detroit.
U.S. District Judge Bernard Friedman, following an hour-long hearing in downtown Detroit, said he would file a written opinion soon.
Congress lacked authority to enact a law criminalizing female genital mutilation in 1996, Nagarwala’s lawyer Molly Sylvia Blythe told the judge. Congress lacked authority under the Commerce Clause of the Constitution because the procedure has nothing to do with interstate commerce, she said.
“Mutilation is not an economic activity,” she said. “It has nothing to do with commerce or an economic enterprise.”
Prosecutors countered, arguing the crime does involve interstate commerce. Christian Levesque, a trial attorney with the Justice Department’s Human Rights and Special Prosecutions section, noted that the procedure involves parents using cellphones to arrange the procedure and children transported across state lines who undergo surgeries utilizing medical tools in state-licensed clinics.
“Female genital mutilation is part of a health-care service, an illicit health-care service, an illegal and detrimental health-care service,” Levesque told the judge. “All forms of female genital mutilation are an economic service at its core.”
The defense motion is the latest attempt to dismiss charges filed by federal prosecutors. In January, Friedman dismissed the most serious count against Nagarwala and co-defendant Dr. Fakhruddin Attar, a sex charge punishable by up to life in federal prison.
Prosecutors say prepubescent girls were cut at Attar’s clinic in Livonia, which was managed by his wife, Dr. Farida Attar, who also is charged in the case.
A trial is set for April 2019….
Transmaster says
Har-de-har-har. The federal courts have already ruled that illegal actions are not protected by religion. The Jamaican Ethiopian Coptic Church when members were on trial for possession of The Holy Ganja tried to argue that the holy herb was the main sacrament of their religion. . The Judge slam dunked them. The involuntary abuse of a child is even worse the Judge will throw away the key.
mortimer says
It would be humorous is it were not so tragic! The defense is arguing that FGM is NORMATIVE ISLAM, rather than an aberration. In fact, most Muslims see FGM as a way of NEUTERING a woman and taming her sexual appetite in a similar way to removing testicales from a bull. Or removing horns from cows and steers so they will not wound one another.
FGM in Islam is about turning a woman into the POSSESSION of a man.
Most of discriminatory Sharia law is illegal in the US.
Islamic enslavement is illegal, beheading is illegal … hand-chopping, jizzya, taqiyya under oath, Islamic apartheid, etc. What is one more item?
mortimer says
Cutting out the clitoris is obligatory (Reliance of the Traveller, Manual of Sharia Law)
e4.3 Circumcision is obligatory (for every male and female) by cutting off the piece of skin on the glans of the penis of the male, but circumcision of the female is by cutting out the clitoris (bazr) (this is called Hufaad)
Reliance of the Traveller: A Classic Manual of Islamic Sacred Law
Ahmad ibn Naqib al-Misri
gravenimage says
Bikinis not Burkas, Mortimer is entirely correct. The Bazr *is* the clitoris–this whitewash has been dishonestly added to the translation to falsify what it actually means.
Cutting the prepuce of the clitoris alone is extremely rare–all the major forms of FGM–FGM I, II, and III–all involve cutting out the entire clitoris.
gravenimage says
Although some apologists for the Dawoodi Bohras do claim that the practice this rare form of FGM–but other evidence contradicts this.
Andy says
Ted Nugent: It’s Time To Get Confrontational, We Are In A War
https://www.infowars.com/ted-nugent-its-time-to-get-confrontational-we-are-in-a-war/
JW_Reader says
It is high time that a constitutional amendment is done to prevent the spread of Islam. It may be in the form of declaring Islam as a political ideology and not a religion as it infringes on the basic human rights of non-muslims as well as muslims. If something as innocuous as alcohol could be prohibited by constitutional amendment, then why not prohibit Islam, that has taken millions of lives over the last 14 centuries.
mortimer says
JWR, Americans just elected two SHARIA PROMOTERS … one wore the Pally flag to show her allegiance is not to the United States of America where she is serving.
Jake says
JWR: By that logic Christianity should also be outlawed: it, too, has taken millions of lives over the last 2 millennia. Freedom of religion is a constitutionally protected right and it ought to remain that way, and the demonization of various political ideologies is exactly why Martin Luther King was unjustly assassinated – for being mislabelled a Communist based on his advocacy of the equal redistribution of American wealth. What you’re endorsing is essentially an Orwellian thought-police, and ultimately something that would decay to an extreme form of fascism. Do you want your country to be more like China or Russia, where certain religions are bordering on illegal and political diversity is seen as a threat to the security of the State? Food for thought.
BC says
Surely this practice is illegal as it is child abuse, mutilation of a child is a crime whatever justification they might claim for it
Molly Sylvia Blythe is a disgrace to her profession and to her own gender to argue the case on such specious grounds. Still most lawyers are lying scum with no moral qualities
Frederick King says
Aztecs can’t do human sacrifices here either. Put he away for life. She has taken away one of the great joys and things of pleasure for a human being. She’s done this many times, and will do it again if set free. They also don’t allow the snake dancing Pentecostals to play with rattlesnakes. Throw her in prison for many decades.
Gwendolyn E Mugliston, PHD, DVM MSN says
Disgusting. There is no way every instance of corruption can be anticipated and a law formed to prevent it. FGM is a corruption of women so that they can no longer experience sexual pleasure and it often leads to antipathy toward men who then physically and psychologically abuse women because they refuse those men sex.
I wonder about our sanity as a nation. I really do as it seems we are losing more and more common sense as we move closer and closer to a logic lacking nation…no logic, no discrimination between right and wrong, ethics or morailty.
I think we may be lost. Soros, all Muslims and our stupidly ignorant left wing will have successfully destroyed one of the world’s greatest nations providing life, liberty and freedom to all who are citizens.
gravenimage says
There’s no indication that the judge is buying this crap. Don’t give up yet.
mortimer says
GI, it’s a matter of law. FGM is certainly an Islamic practice authorized and mandated in Sharia law, but so are VIGILANTE MURDER of APOSTATES and BLASPHEMERS Islamic practices mandated in Sharia.
If we can BAN SHARIA VIGILANTE MURDERS, then we may BAN FGM by the same token or any of the MANDATED abuses in Sharia that CONTRADICT US law or laws of other civilized, modern countries.
The court should observe that Islam is NOT modern and simply INCOMPATIBLE with modernity.
“Life, liberty and the pursuit of happiness’ are incompatible with REMOVING THE ENTIRE CLITORIS of little girls.
gravenimage says
I agree, Mortimer.
Carol the 1st says
Michigan politicians were talking quite hard-line at the time they nabbed these whipper-snippers. It will be a great delight if they come through and really clobber them to the full extent of the law.
PATRICIA KOENIG says
FMG is brutal child abuse of girls. But the way Islam is promoted by Globalists, I am concerned how the judge will rule…especially in dimmi-Detroit. In a case where an in-state practitioner does not charge for the procedure…then the Commerce Clause could be found not applicable.
I don’t know how medical procedures are regulated. But FMG should be prohibited as a harmful medical procedure…otherwise in-state Muslims will claim to do it for free…take it to the Supreme Court…and make the Commerce Clause not applicable.
The First Amendment will sway a lot of Americans, including judges and juries. But the First Amendment does not allow Satanists to sacrifice animals. So it should not allow FMG. But common sense no longer applies to the American legal system.
somehistory says
The defense attorney admitted ti is “mutilation.”
When can one person “mutilate” another and claim they have a “right” under the Constitution which is a guarantee to each individual “the right to life, liberty, and the pursuit of happiness”?
The demonic mutilation of little girls, as young as a few days old, prevents the child from their right to “pursue happiness.” This demonic torture is in direct violation of the child’s “liberty.’ And since many children have died during this demonic assault, it is preventing the child from her legal “right to live.”
If a fiend jumped on a bus, whipped out a knife and slashed the face…or any other part…of another person, they may claim to have a “religious right” under the Constitution as it is a part of their “belief” that they must do this for their fake god. How far would they get in their claim?
How far will moslims take this country in the pursuit to make all people everywhere bow down to the beast? The judge must make a clear and logical and Right decision in this case. And then the prosecutor must make a clear, concise and convincing argument in court to put this fiend away so she cannot hurt another child.
Transmaster says
With President Trump and a super majority in the Senate he will continue the pack the courts with strict Constitutional Judges and there is not a damn thing the Democrats can do about it. Can you imagine how Justice Kavanaugh is going to rule in cases like this given his long track record of promoting women in Law, and life. He will look at his 2 daughters and exact punishment.
gravenimage says
Michigan: Defense in female genital mutilation case asks judge to dismiss charges, claims law is unconstitutional
……………………….
The idea that *opposing the mutilation of children* is unconstitutional is grotesque. I hope the judge throws this out.
Abu_Lahab says
How *dare* these women think they have rights….
FFS!
This will be a benchmark for judicial stupidity if it’s upheld.
mortimer says
Yes, AL, and if these parties are not jailed, the next challenge will be about CHILD MARRIAGE and COUSIN MARRIAGE.
PEDOPHILIA IS WHAT MUSLIMS WILL WANT NEXT.
Anne Smith says
Judging from the decision of the European Court of Human Rights in the case of Elisabeth Sabaditsch Wolf they will probably be allowed their paedophilia as it will be deemed part of their “Human Rights” and denial of their religious sensibilities if they are prevented.
Goodness knows the poor English girls of Rotherham, Rolchdale, Telford, Leeds, Huddersfield, Oxford and many other towns have already been sacrificed on the altar of Muslims’s right to practise their “culture”.
Rarely says
The law they are charged under may be flawed. It is way past due to petition state and federal legislators to make a clear set of laws against this abhorrent practice.
Close the loopholes and make the law clear.
duh swami says
If FGM can be justified by religion, is throwing gays off tall buildings and killing apostates and blasphemers next?
PRCS says
No.
That’s several carefully calculated steps away.
PRCS says
“Mutilation is not an economic activity,” she said. “It has nothing to do with commerce or an economic enterprise.”
Yes, to those who perform that “religious” procedure (like the good doctor), it IS an economic enterprise.
PRCS says
Per the prosecution:
“All forms of female genital mutilation are an economic service at its core.”
Alec Rawls says
In the American Indian Peyote case SCOTUS already established that no, religion cannot grant exception from otherwise legitimately grounded laws. If the purpose of a law was to burden religion that would be another case.
somehistory says
There are also laws against snake handling for religious purposes and some have been charged. Others have sought to have their religions exempted from certain laws and some have failed in the Courts.
Especially when there is harm, such as polygamy.
If the judge knows the precedents, or does the research necessary and follows the law, this moslim butcher of little girls will go to trial. The site below references many cases that reached the SC and the decisions related to religion and the Constitution.
https://www.lectlaw.com/files/con18.htm
https://www.lectlaw.com
Mike says
This is exactly what we are allowing into America. The Left wants open boarders here what’s to come. Be leave me It doesn’t matter what the court says. The Left want’s I’ll call them people in the country. We have elected one to office in Minnesota. Just wait. The left will abort the future children allowing Islam to flourish. Then they will be elected to office and MAKE IT LAW. Sharia law will be in place. Your daughters and grand daughters will be the victims. Call my bluff
TKF says
Well, there you have it….slicing up little girl’s vaginas is, wait for it. completely and utterly……ISLAMIC!
Peggy says
If this is deemed not a crime but a religious practice then human sacrifice will have to become legal as well because Satan worshipers practice it.
If other religious practices which happen to be criminal can be prosecuted and this isn’t then it’s obvious that Sharia is law in the west.
Norger says
Interesting how the standard Islamic apologist’s response to FGM is that this is an east and Central African practice, with no connection to Islam, yet this defendant here is emphasizing that FGM is, for Muslims, indeed a religious practice.
Jean says
There is no greater crime, and, spiritually speaking, no graver sin than to hurt a child.
Personally, I consider that all circumcision of children should end, including of males. They, too, have a right to remain as they were created. Thankfully, in Jewish communities, this view is steadily spreading among the young generation, even in Israel, exchanging the removal of the foreskin with a symbolic ceremony.
Muslims show less inclination to reduce any suffering of those in their power. Yet even among them, it has begun:
https://www.facebook.com/muslimsagainstcirc
Please support such initiatives and link to them each time a Muslim is arguing for this kind of child abuse.
If there is any purpose at all to our existence on this Earth, surely it is to become kinder generation by generation. Our ancestors may have meant well, but any tradition involving cruelty should be discarded. Especially to the precious innocent children who are entrusted to us. Don’t hurt them, especially not in their most sensitive regions where it is sure to engender trauma, landing them with needless sexual complications later in life. Sex is hard enough to tackle in a healthy way as it is. Any tampering ‘down there’ in childhood is sure to make it worse. Elementary logic.
As for the feminist organizations:
Apart from their silence on the rape epidemic, I think that their silence on the spreading genital mutilation of girls in the West is the single most damning behavior on their part. It makes them worse than useless. It turns them into active enemies of the group they claim to represent. They are nothing less than traitors, the lot of them.
Gathering in thousands, full of energy to fight for their rights – to protest against five words spoken years ago by Trump! But staying at home quietly in their little designer kitchens – while girls are being sexually mutilated on their own neighbor’s kitchen table. To say it is contemptible does not cover it. Treason is the word.
Terra Nova says
Men muslims have a total need to keep their women in controle from the cradle to their graves.And have carried their “rotten” traditions over to the USA and other western countries.
In this day and age, one would think that women are boss over their own body.
They should never have come to here with their barbaric rituals. They should all be deported.
And moderate muslims do not exist, so don’t make that mistake. They are a lot worse than in “Fiddler on the roof” Ye.
We will see how the conservatives will handle this all , and the globalists and feminists, are they all content with this? If you are ,you should allow them to have the clitoris cut of by your own children, not???
TERRA NOVA says
And that doctor and his wife are MD’s?. This does not go together with their oats and they make money out of it, that is utterly disgusting. Muslims stop at NOTHING, but really nothing.
Mr. Maxwell S. J. Fenton says
2018 and yet slicing off a child’s clitoris for no other reason than the ancient pagan Arabs recommended it therfore is still reasonable behaviour, even though to a Western soul it’s beyond all comprehension.
Do people stare at Islam in some form of hypnotic wonder, a deep mystery that they feel unable to be part of so irrationally defend?
It’s filth, barbaric ancient demonic pagan drivel.
Prosecute, punish and rid the land of such butchered bloody evil. Or don’t, just pile up your sins for your own destruction as well.
Alain Lenferna de la Motte says
The Qur’an and ahadith prescribes the death penalty for apostasy and blasphemy and allows ‘honour’ killing. Does this means that the courts in the US will allow permit Muslims to kill people who are deemed to be guilty of these ‘crimes’ because of their religion?
henrik arboe jensen says
just the look on her face makes me vommit.this sick backward ancient oldman violent atrocity is depicted all in her overall facial exoress.
Mike says
I’ve been stewing over this all evening. Islam will USE our constitution against America. Claiming they don’t or did not know better because they only follow Sharia law. The first Amendment 5 freedoms, Speech, press, RELIGION, assembly and petition. Every thing in the Koran is designed to be part of every aspect of their lives. Thus killing of NON be leavers is their is their religion when will the madness end.
Thank you the far left for cheeping away at common sense
patriotliz says
Why is interstate commerce even invoked? It’s child abuse–pure and simple What’s next??—honor killing, pedophilia, torture….all under the umbrella of a “religious” practice? What about cannibalism? This is insane…we’re doomed.
Voting for Democrats is voting for a wrecking ball on basic human rights invented by Western Civilization. We will not survive. The demon has taken control and is undermining our Judeo-Christian values. We really shouldn’t be soooo TOLERANT of this creepy, ugly “religion”…that’s what I call tolerance of inhumanity.
Synthia says
You’re absolutely right. It’s child abuse and torture together at the same time. Screw them and their barbaric acts against women and children. If they commit these crimes then they should go to jail! Period!