The church should not dictate to the state. And the state has no business — none — dictating to the church.
If you disagree with that, or if you still need to be convinced that there is properly a wall between church and state, look to Germany. About two weeks ago, a court in Cologne ruled a doctor had caused “bodily injury” to a Muslim boy by circumcising him. In effect, the German court determined that circumcision amounted to a criminal act.
The Cologne case concerned a four-year-old boy whose parents had him circumcised, following which there were minor complications. The court held that the boy’s “fundamental right to bodily integrity” outweighed his parents’ desire to follow the tenets of their faith. If the boy wanted to get circumcised later on in life, the German court declared, his religious freedom “would not be unduly impaired.”
Muslims and Jews — in Germany and around the globe — felt otherwise. As news coverage about the boy’s case spread, outrage grew. In the Muslim and Jewish faiths, circumcision is a solemn requirement. For Jews, it represents a literal commandment from God; for Muslims, it is a “sunnah,” or practice, of the Prophet Mohammed.
The Cologne court ruling is not enforceable in other German jurisdictions, but will almost certainly persuade German doctors to decline to perform circumcisions, fearing legal consequences. In Germany, many Jewish and Muslim parents have reported that they are now uncertain how, or if, they can get their sons circumcised.
The ruling “places an intolerable burden on the free exercise of religion by Jews and also by Muslims who practice male circumcision as part of their religious faith,” said Abraham H. Foxman, the legendary national director of the Anti-Defamation League. “An unprecedented and dramatic intrusion on the self-determination of religious communities,” said the leader of Germany’s Central Council of Jews in a statement.