[image: Bernd Vogel/Bernd Vogel/Corbis]

Then the scissors went down between my legs and the man cut off my inner labia and clitoris. I heard it, like a butcher snipping the fat off a piece of meat. A piercing pain shot up between my legs, indescribable, and I howled. Then came the sewing: the long, blunt needle clumsily pushed into my bleeding outer labia, my loud and anguished protests, Grandma’s words of comfort and encouragement: “It’s just this once in your life, Ayaan. Be brave, he’s almost finished.” When the sewing was finished, the man cut the thread off with his teeth.

Ayaan Hirsi Ali

Infidel: My Life

A court in Germany has ruled that circumcision is ‘bodily harm’, and the cited BBC article says that the decision ‘has caused outrage among Jewish and Muslim groups’, with Dieter Graumann (the president of Germany’s Central Council of Jews) calling it “an unprecedented and dramatic intervention in the right of religious communities to self-determination”; and urging parliament “to protect religious freedom against attacks”.

What follows is an examination of the term: ‘religious freedom’, and how it applies to the practice of circumcision and other issues. My position is that one’s freedom ends when its manifestation infringes on that of others; my right to swing my arm ends at your nose. I hope to offer a coherent argument against cultural or religious circumcision (that where the primary objective is not medical), and that any distinction between male and female genital mutilation is not binary: that is to say each falls somewhere on a spectrum, the entire scale of which, I submit, is undesirable.

The only freedom which deserves the name, is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it.

John Stuart Mill

On Liberty

At some point we are all going to have to wake up and realise that there are no beliefs, practices or doctrines which should be beyond criticism. We demand a high level of intellect and consideration in almost every field of our discourse. Our beliefs should be subject to moral scrutiny as they affect our decisions; and our decisions matter as they affect the others with whom we share our society. No entrepreneur would acquire investment in their start-up if it became known that they based their brand and marketing decisions on the results of their study of animal entrails. Yet not enough people (by far) bat an eyelid at the prospect of a United States president or British prime minister praying for guidance in decisions that affect global and national economies.

The reason for this split in opinion is fallacious. We are prone to accept that the number of people who share a belief in a claim must somehow be directly correlated to the truth of that claim. This is the argument ad populum fallacy and is beautifully refuted by Albert Einstein’s response to the publication of A Hundred Authors Against Einstein (a mass criticism of his theory of relativity), where he said “If I were wrong, then one would be enough”. Claims are true or false, right or wrong; independently of who makes them or what number. So the fact that 84 percent of the worlds population (2010) identify as religious, in no way impacts on the validity of those beliefs (never mind the fact that all those religious are mutually exclusive and often self-contradictory).

It is precisely this acquiescence: that religious beliefs should somehow be beyond scrutiny, and Steven Jay Gould’s dictum that science and religion are ‘non-overlapping magisteria’; that have retarded our species’ moral progress in cases such as circumcision, Christian ‘witch’ murders (like that of Victoria Climbie), ‘honour killings’, caste-racism and Islamic Jihadism. This Liberal victory in the case of circumcision has been long-overdue, and now we shall turn to it.

I have used the term mutilation and will continue to do so. The oxford dictionary defines ‘mutilate’ as to ‘inflict violent and disfiguring injury’. No aspect within the excision of part of the male or female genitalia deviates from the definition. I do not commit the naturalistic fallacy by asserting that that which is natural is automatically good or desirable. What I do say is that short of a genuine medical requirement such as the removal of a pernicious tumour; or cosmetic (when striving for the default or ubiquitous ‘normal’ composition of our bodies) such as the removal of a superfluous limb or tail; the alteration or mutilation of the body – when inflicted on another who does not or cannot consent – is ‘bodily harm’ and immoral.

The fact that it is the before-mentioned factors, which have hindered our progress in the case of circumcision, is demonstrated by the fact that there are literally no other non-medical reasons for which a society would accept my decision or ‘freedom’ to mutilate my children’s genitalia. If I removed my daughter’s clitoris and inner labia (as described in Ayaan Hirsi Ali’s harrowing description with which I began), or my son’s foreskin in a similar ritual; what excuse or motive would be acceptable to you, or society as a whole? Having considered it, none really come to mind, that would be either accepted or even offered. Perhaps I could say that for non-religious reasons I do not believe that my daughter should ever experience any sexual pleasure throughout her life; or that my son should have a dimmed perception of sexual pleasure for all of his. (I genuinely started this paragraph thinking that I would be able to think of some non-medical, non-religious reasons as to why someone would perform such an act. The fact that I can’t makes the following quote all the more appropriate).

With or without religion, you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion.

Steven Weinberg

Address at the Conference on Cosmic Design, 1999

I believe one should be able to inflict whatever is wished on one’s own body. This position is one echoed, for the most part, by UK statutes and stated cases. The main issue on which such assaults turn is consent and there have been some fascinating cases, the verdicts and appeal judgements of which have shaped our conversations and boundaries when considering this topic. In the case of R v Wilson 1996 a man branded his wife’s buttocks with a hot knife. The conviction was quashed following an appeal as his wife had consented to the action, and the act in itself was not one of aggression. This seems right when we consider the fact that a wife might be consensually tattooed by her husband, and a change in means only, should not cross a boundary into the realm of that which is criminally prohibited.

A line was drawn however, in the case of R v Brown and others 1993. A description of the circumstances of this case would normally be gratuitous, but a brief one is warranted here due to the very nature of our discussion, and the affected body appendages. In short summary, this involved a group of homosexual men, engaged in extreme, sado-masochistic, sexual acts such as nailing scrotums to wooden boards and pouring hot wax into their urethras.  This case went as far as the House of Lords, where it was decided that consent in the case of acts such as these, and the injuries arising from them, where the motives were sexual and aggressive; could not apply as a defence to the wounding indictment. Even where the existence of consent is acknowledged, there are some acts of mutilation, to the genitals no less, to which not even fully-grown, adult men can consent (for the purpose of the Offences Against The Persons Act 1861). Where then, is the possibility for the necessary consent in the cases of genital mutilation in children?

Considering cases such as the above, but involving children; will give rise to an instinctive repulsion, and rightly so. Of all the crimes available for contemplation, those against children, and the paedophilic in particular, are the most heinous. A reason for this almost universal condemnation of such acts comes from our natural empathy and our evolutionary instinct to protect our offspring. They are the vessels of our genes and our only possibility for their survival into the future. But when considered coldly and objectively, the abhorrence of such crimes is still justified due the lack of consent possible to such actions on the part of child victims. Obviously the children are our future, and it is incumbent upon us to protect them. How appalling, therefore, that we have forsaken them for so long out of a pathetic reluctance to challenge religious doctrine, where the manifestations of this doctrine infringe upon the rights of those children so gruesomely and overtly. For shame!

The irony of his use of the term ‘self-determination’ must clearly have been missed by Mr Graumann. What audacity to say that the protection of the child’s right to the integrity of their own body is an infringement upon it.  As a parent, my goal should be to ensure that I put in place the best circumstances possible, in which my children might flourish, and have every possibility of self-determination left available to them when they are old enough to fulfil those which they choose. Once he is an adult, should my son decide that he wishes to have a circumcision, it will be nobody’s business but his own (though I might well have a few questions). But I should never be afforded any right – or protection in law – to make permanent alterations to his body, or my daughter’s. The words permanent and body are relevant here: the acts of cutting their hair and dressing them in cheesy clothes obviously do not qualify. And yes, I am willing to follow this logical line of reasoning and conclude also, that piercings (ear or otherwise) are not matters that should be decided on a child’s behalf.

I trust that what has preceded will have sufficiently refuted any charge that I have conflated male circumcision with ‘FGM’. Each is a point on a disgusting scale. It matters not that a proportionately larger mass of flesh is removed during female genital mutilation than during that of a male. This simply makes one practice ghastly and the other more so. Nevertheless, the forced excision of the foreskin of a baby boy is a barbaric practice, and one which still summons surprise in me (all other things considered) that we have not yet managed to rid ourselves of it. This German victory for secularism should not be trivialised. It may well have set a precedent and I for one welcome it. The BBC article quoted the court as having summed the case up concisely thus: that Circumcision contravenes the ‘interests of the child to decide later in life on his religious beliefs’, and that the ‘fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents’.

Real people, infants no less, right now continue to be used for the perpetuation of an ancient and barbaric doctrine, with apparently no thought to what they might have wished if they were given the choice. Freedom is meaningless without choice; and ‘Religious Freedom’ is ironically it’s utter negation. To be free to infringe on the freedoms of others is to make a mockery of the concept, and it will lead to theocracy and totalitarianism. We must each be free to live the best lives we can in our own ways, but we must protect the interests and potential freedoms of those who cannot protect them for themselves. It is no excuse to fail to do so out of some wet notion that it is rude to question religious doctrine.

I will conclude with a wonderful poem which I found in M. Scott Peck’s The Road Less Travelled. The book was recommended in good faith by a friend who hadn’t yet realised that while the first half on psychology was fascinating, the second – it’s misunderstanding of thermodynamics and nonsensical talk of miracles in particular – was utter hogwash. And the God metaphor and talk of ‘souls’ notwithstanding, the beauty and overall message of this poem still make its application here appropriate.

Your Children are not your children.

They are the sons and daughters of Life’s longing for itself.

They come through you but not from you,

And though they are with you yet they belong not to you.

 

You may give them your love but not your thoughts,

For they have their own thoughts.

You may house their bodies but not their souls,

For their souls dwell in the house of tomorrow,

Which you cannot visit, not even in your dreams.

You may strive to be like them,

But seek not to make them like you.

For life goes not backwards nor tarries with yesterday.

 

You are the bows from which your children as living arrows are sent forth.

The archer sees the mark upon the path of the infinite,

And he bends you with His might that his arrows might go swift and far.

Let your bending in the archer’s hand be for gladness;

For even as he loves the arrow that flies,

So he loves also the bow that is stable.

 

Kahlil Gibran

On Children