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Is Proposed San Francisco Circumcision Ban Constitutional? 05/29/11 – The City of San Francisco is contemplating a law that will ban male circumcision for infants and children. There are no religious exemptions in the proposed law and it is an obvious attempt to override the parents’ ability to make decisions for their own children on this medical issue.

I want to encourage you to look at this article by Eugene Volokh. Professor Volokh is a highly respected professor of Constitutional Law at UCLA Law School. He is a well-known conservative and a former Supreme Court law clerk.

His analysis of this particular issue is interesting and important. But the real reason I want to encourage you to read it is because he undertakes a serious analysis of the current state of the law regarding the constitutional rights of parents to direct the upbringing and education of their children.

Some who criticize the PRA claim that the current law for parental rights is well-settled and places our rights at a very high and protected level. This article by Professor Volokh clearly demonstrates that the current state of the law is muddled and unsettled—and he also shows that the reason for the lack of clarity is that there is no constitutional text protecting parental rights.


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