Chicago – In a case that has been closely watched by anti- circumcision groups nationwide, a Cook County judge ruled Tuesday that a 9-year-old Chicago-area boy should not be circumcised against his will.
The court battle pitted the boy’s divorced parents against each other, with the mother and her new husband claiming that the operation was necessary to prevent recurrent irritation and infection.
The boy’s father sought an injunction to bar the circumcision.
The Chicago Tribune is not naming the parents in order to protect the boy’s privacy.
In an opinion handed down Tuesday, Circuit Judge Jordan Kaplan wrote that “the evidence was conflicting and inconclusive as to any past infections or irritations that may have been suffered by the child.”
“Moreover,” he continued, “this court also finds that medical evidence as provided by the testimony of the expert witnesses for each of the parties is inconclusive as to the medical benefits or non-benefits of circumcision as it relates to the 9-year-old child.”
The case was a clear victory for the growing number of so-called intactivist groups across the country that have argued that circumcision is harmful and violates the rights of children who are not old enough to consent to the irreversible medical procedure.
Kaplan, who also cited the irreversible nature of the operation, said his order would remain in effect until the boy turns 18, when he can decide for himself whether he wants to be circumcised.
The father said he was relieved by the decision and “so happy.”
The parents divorced in 2003. The mother has custody of the boy, but under a parenting agreement reached as part of the divorce, she was obligated to consult her ex-husband regarding any nonemergency medical care for the child.
