Update on Boldt case - good news!

[glongley]

Many of you may remember the case of Misha Boldt in Oregon that has been going on for a number of years.

You can read the background here: http://www.forward.com/articles/11410/

Marilyn Milos and George Hill of Doctors Opposing Circumcision have made the following information available about the developments in the case that took place today based on a preliminary report from John Geisheker, attorney, and Executive Director of DOC. The news is VERY GOOD! More information will be available soon.

Gillian

--------

The custody hearing of Misha James Boldt, 14, opened today in Jackson
County, Oregon.

Judge Lisa Greif took the boy and the three lawyers into her chambers this morning for about 1.5 hours and received testimony. A court reporter was present to record the testimony.

The boy testified that he knew about the alleged benefits of circumcision, he did NOT want a circumcision, and he did NOT want to convert to Judaism. He wants to live with his mother and he is scared of his father.

They then returned to open court where the judge ordered from the bench that the boy be protected from circumcision.

The judge will consider the testimony in chambers today and decide if
circumstances have sufficiently changed to justify reopening the issue of custody. If so, there would be a second hearing to consider a change of custody. Under Oregon law there has to be a change of circumstances to justify holding a second hearing on custody.

(paraphrased from info from Marilyn and George with permission)

[MCatLvrMom2A&X]

Poor boy I am thrilled that he wont be circed against his will but what has this done to his body image and how he views life.

[Mama2Jesse]

Originally Posted by MCatLvrMom2A&X

Poor boy I am thrilled that he wont be circed against his will but what has this done to his body image and how he views life.

I know. Poor kid must be so embarassed, and the fear he must live in!
His father sounds incredibly sick.

[PuppyFluffer]

I am very happy to see that the court is considering the wishes of the boy to have dominion over his body and that he will be protected from a parental choice to be circumcised.

This case was originally brought as a custody issue - one of whether the custodial parent had the ability and right to have the boy circumcised. The change of religion of the father did bring the case into the realm of religion, which is an area of discussion that is not hosted here in The Case Against Circumcision forum. We need to keep this discussion to it's original issue.

It's wonderful that the court is respecting the boy's wishes. I am amazed that the lower courts didn't take the boy's wishes into consideration. This case went all the way to the Oregon Supreme court which sent it back to the appeals court for the opinion of the boy.

This is a good day for the right of children.

[Ophelia]

thanks for the update, I was wondering about him. Just so I have this clear, he is now definitely protected from circ? For sure? And now it's a custody hearing?

[tammyswanson]

Thank you for the news! I'm so glad that they are considering that the boy has a right to his own body for cripes sake!! Kudos to the lawyers, Marilyn and everyone for helping with all of this! I hope that the boy can live with his mother like he wants and not get cut against his will!

[SleeplessMommy]

This is great news for intactivism

And it should set a precedent about 14 years olds and consent for circ, which will be helpful in any future cases.

Is the father still pursuing the appeal to the US Supreme Court? Or did that get rejected

[anony]

He is lucky and unlucky at the same time. Lucky because the law has allowed him to have genital integrity. He's old enough to understand and shouldn't have his father's convictions foisted upon him. But unlucky because he will always have a strained relationship with his father, who will no doubt resent the fact his son is not cut. Hopefully this Misha can show his father the power of letting children decide for themselves and respecting human rights by resisting the pressure to circumcise and maybe even having an intact son one day. People like his dad should not be allowed to treat their children like property.

[Pumpkinheadmommy]

This is great news! How wonderful for this child. Congratulations to everyone who worked on this case!

[Fellow Traveler]

Originally Posted by SleeplessMommy

This is great news for intactivism

And it should set a precedent about 14 years olds and consent for circ, which will be helpful in any future cases.

Is the father still pursuing the appeal to the US Supreme Court? Or did that get rejected

Actually, they're at this point because of the whole SCOTUS deal. The father filed a petition for a Writ of Certiorari which is simply him seeking permission to appeal the case. It's no longer the situation where most cases can be appealed to the SCOTUS. The Writ was denied with the instructions that they go back to the lower court and take testimony from the boy. That is the short version of how they got here.

[eepster]

The sad part is, that if his parents weren't divorced and of differing opinions, then this never would have gone to court no matter what the boy thought.