The San Francisco City Attorney’s Office has criticized as unconstitutional a
proposed ballot measure
calling for a ban on male circumcision in the city,
because it includes an exemption for cases of medical necessity but not
“San Franciscans cannot be asked to vote on whether to prohibit
religious minorities from engaging in a particular religious practice, when the
same practice may be performed under nonreligious auspices,” the city attorney
said in a brief filed to the Superior Court on Thursday in response to a suit
filed by a coalition of Jewish and Muslim groups against those proposing the
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San Francisco to put circumcision ban on the ballot
“If the court concludes that the measure is preempted as applied to
medical professionals, then the remaining application is unconstitutional and
the court should remove the measure from the ballot entirely,” the brief
The Jewish and Muslims groups that filed the lawsuit argue
that state law prevents local governments from restricting medical procedures,
including, they say, circumcision.
In the brief, Deputy City Attorney
Therese Stewart referred to the Foreskin Man comic book released by campaigners
for the ballot proposal, which depicts a superhero battling to stop
stereotypical Jewish figures carrying out circumcisions.
light of disturbing campaign materials that evoke the ugliest kind of anti-
Semitic propaganda, the city has an obligation to petition the court to remove
the measure from the ballot in its entirety if it is preempted as applied to
medical professionals,” Stewart said.
These materials, the brief said,
“portray the battle against circumcision as one between good, represented by a
blonde, blue-eyed superhero and his fair-skinned female friend, and evil,
represented by four darkhaired, dark-skinned menacing Jewish characters with
prominent noses, sinister expressions and sadistic tendencies.”
will be heard on July 15.