Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

Thursday, June 11, 2015

FLORIDA: Joe DiMaggio Children's Hospital Complicit in Medical Fraud, Child Abuse?

In my last post regarding this case, I posted about the details an anonymous user leaked on Facebook, which revealed that the child in this case is scheduled to be circumcised on Thursday, June 11 (THAT'S TODAY) at Joe DiMaggio Children's Hospital by one Gary Birken, MD.
The release of this information has gone viral, and Joe DiMaggio Children's Hospital has heard an earful (or perhaps, more appropriately, "seen a screenful?") from hundreds, if not thousands, on their Facebook page, prompting the following response:
Joe DiMaggio Children's Hospital (JDCH) calls itself "[A] pillar in the South Florida Community and an advocate for many causes, always working for the benefit of its patients, while providing quality service and care." They further state that they "[C]an't and will not discuss specifics in this forum due to HIPAA guidelines."

It appears here that JDCH is expressing concern for upholding its reputation, supposedly touting a concern for the confidentiality of their patients. The problem with this confidentiality is that it could be hiding something sinister; if there is nothing wrong with the child in question, could he rightly be called a "patient?"

The comments have not stopped, prompting a second response from them:



Again we see similar lines, if not in more stronger tones, that they are concerned for preserving their reputation. They seem to be concerned that the hospital and their doctors are being "defamed," and that their work is being "minimized." Their wording is interesting, seeing as "minimizing" what is transpiring at their hospital is precisely what they intend to do.

The peculiarity to be noted here is that they reiterate that HIPAA laws prevent them from speaking about any medical case, and yet they still manage to disclose that "the child in question is not a patient at Joe DiMaggio Children's Hospital or any Memorial Helathcare System facility or of Dr. Gary Birken."

Intactivists, and others, are watching closely and taking note of the chain of events surrounding this case.

Lie after lie...
JDCH appears to be concerned with tarnishing its reputation, but I'm afraid if the facts are what they are, this does not bode well for them. As if their involvement in this case weren't enough, a relative of the child has posted a screenshot of the child's pre-surgical assessment, dated 6/4/2015 (first visit), publicly on Facebook, catching the spokespeople at JDCH in a bold-faced lie.


As if denying that this child were a patient at JDCH weren't enough, if one reads the pre-surgical assessment, one can see the deliberate fraud, lies and fabrication taking place.
The father, of course "reports" frequent urine trapping and ballooning of the child's foreskin, and supposedly notes "erythmia (redness) of distill foreskin." The review mentions "penile pain, ballooning of the foreskin and foreskin not retractable," and further down, it reiterates "Foreskin reduces approximately 30 percent. Mild foreskin inflammation. Urine noted under foreskin."

What the father and the doctor are trying to note as "problems" should raise red flags to the learned reader.

Ballooning is a normal stage of development at this child's age; it’s one of the ways the balanopreputial lamina are naturally stretched and desquamated.

There can be several causes to redness (erythema) or inflammation, from too much soap or improper rinsing, to a mild irritation, to rubbing, to balanitis; all of those causes are usually easily treatable and are not indications for surgery. The doctor notes "penile pain," and that the child's foreskin is "not retractable." Why is this doctor trying to retract this child's foreskin? Is he not aware that non-retractability is normal for a child this age? What is the cause of this child's pain? Could it be that the child's foreskin is being forcibly retracted by the doctor or the child's caretakers? (Read about forcible retraction in a previous post.)

Why does the doctor seem more concerned in finding an alibi for performing surgery on this child than genuinely interested in finding the source of the pain? For what other inflammation of the body is surgical removal the first course of action, and not attempts to treat it by conventional means?
The doctor notes “urine noted under foreskin”, as if this were some kind of pathological symptom. The fact is that the foreskin traps moisture. This is normal, as every male in the world who has a foreskin maintains a certain moisture between the foreskin and the glans; it’s how mucosal tissues work. To try to make this into a pathological condition is like saying that moisture inside the mouth is indication of improper hygiene. Do doctors note urine in the labia as a "problem" too?

The assessment says the child's penis is "Normal. Uncircumcised."

The assessment and plan concludes:
Discussed pros and cons, RCA in detail with father and aunt as relatives to elective circumcision. They have asked that we proceed.

Here we can clearly see that the doctor refers to the circumcision to be performed on this child as "elective." There is an absence of a clear medical indication, and thus a recommendation that the child should be circumcised to alleviate any medical problem. Instead, the doctor discusses "the pros and cons.. to elective circumcision."

In other words, it is clear that the procedure is not medically necessary. The child has no condition requiring the procedure. It is clear that the doctor wants to wash his hands over the procedure and pawn any responsibility on the child's guardians who "elected" it.

It’s clear from the form that the circumcision is not necessary, that the circumcision would be purely elective, that it would happen solely because the parents gave their go-ahead, and that  the doctor wants this to be evident, presumably so that he stands blame-free in any case.

Readers note; there is no other surgery that a doctor is obliged to perform on a healthy, non-consenting child because his *parents* want it done. Surgery in children usually requires a strong medical indication, or a need to correct a problem.

If surgery is not medically indicated in this child, if the procedure is purely elective and being performed to appease the whims of the father, then the doctor cannot be expected to be reimbursed by Medicaid. Should Medicaid cover this procedure, this doctor would clearly be engaging in medical fraud, and JDCH would be complicit in facilitating it.

The plot gets thicker...
It appears this assessment was sent as an attachment to another doctor:
Note where it says "Diagnoses:" "Foreskin problem, "Redundant prepuce and phimosis"

What "foreskin problems" were there? To someone who views the circumcised penis as "normal," isn't the prepuce "redundant" at any length? What assessments were performed by Dr. Birken to verify that the child actually has "phimosis" and his genitals aren't merely presenting natural stages of development?

I will leave it up to the reader to decide what s/he thinks is going on.

Doctor to File Complaint Against Joe DiMaggio Children's Hospital
On a previous post, I noted that one Dr. John Trainer MD had publicly posted the following on JDCH's Facebook Page:
"Simply an observation: the surgeon who would perform an elective surgery on a four-year-old, over the objection of his mother, and the objection of the four-year-old, has committed a gross breach of medical ethics.

If your hospital is complicent in the mutilation of Chase Hironimus, know that I will be filing an ethical complaint with the Florida Board of Medicine the next day."
Well, it appears as though a local paper has picked it up. (Read the article here.)

I must say, it is interesting to read about this man's background:
"John Trainer, M.D., is a family doctor in Jacksonville. He has circumcised children and taught other doctors how to perform circumcisions. His own son is circumcised.

But during the past few months, as he's followed the case of 4-year-old Chase Hironimus..., Trainer reexamined his own position on the surgery and has come to believe that routine infant circumcision is a violation of medical ethics and that Chase's case is particularly egregious because the mother's consent was forced under duress."
I suppose that even it is a tragedy that this happening in our nation, I should be grateful that there are some doctors who are coming around.

I will paste more excerpts from this article here:

From a physician's point of view, Trainer told New Times, "it's absolutely mind-boggling this would be considered as real consent." Of the doctor rumored to be scheduled to perform a circumcision on Chase —  Gary Birken — Trainer said, "it is incumbent on him" to be "aware that this is a dramatic case, an unusual case.
 "Where this this galls me the most," Trainer says, "is that if we are physicians and ethical and called on to police our profession," and the doctor here "either knew or should have known" — that's the phrasing commonly used in ethical standards — "that consent was tainted," and if he proceeds in this particular case, "at the very least his ethics need to be challenged."

Furthermore, he said, pediatric surgery ethics require that a doctor make the child aware of what is happening and consider the child's opinion in elective surgeries. Court documents asserted that Chase was scared of and does not want the procedure...

It's also, he says, "the only procedure an obstetrician will do on a man — and with absolutely no follow-up. They'll never see that penis again — no follow-up. This is unheard-of with any other procedure."

Asked if he faced any career risks by preemptively speaking out against a doctor or hospital, Trainer said, "I am on the Board of Directors of Baptist Primary Care, a leader in a consortium of 150 providers — the largest and most trusted health-care system in Northeast Florida. If I suffer backlash for speaking out, I am OK with that. Actually, my Facebook page is blowing up with people commending me for being courageous. I don't really feel that brave."
Doctors Opposing Circumcision Lays Down the Law
In other news, organization Doctors Opposing Circumcision has sent the following letter to JDCH.
I'll let readers read it and make of it what they want for themselves:




One thing is for sure; whoever lays hands on this child had better get ready.


 Muslim child about to be circumcised. One can be sure
nobody "convinced" him of anything, money is not
enough to comfort this child who knows what is coming



As a 4-year-old, the child may have to be restrained.
Here is a picture of a 4-year-old being forcibly circumcised
in Turkey. Boys in Muslim traditions are circumcised at later ages.

Joe DiMaggio Children's Hospital; did you seriously allow this to happen in your facilities today?

Have you failed this child?

Some "pillar" you are.

I close with my mission statement:

Mission Statement
The foreskin is not a birth defect. Neither is it a congenital deformity or genetic anomaly akin to a 6th finger or a cleft. Neither is it a medical condition like a ruptured appendix or diseased gall bladder. Neither is it a dead part of the body, like the umbilical cord, hair, or fingernails.

The foreskin is not "extra skin." The foreskin is normal, natural, healthy, functioning tissue, present in all males at birth; it is as intrinsic to male genitalia as labia are to female genitalia.

Unless there is a medical or clinical indication, the circumcision of a healthy, non-consenting individuals is a deliberate wound; it is the destruction of normal, healthy tissue, the permanent disfigurement of normal, healthy organs, and by very definition, infant genital mutilation, and a violation of the most basic of human rights.

Without medical or clinical indication, doctors have absolutely no business performing surgery in healthy, non-consenting individuals, much less be eliciting any kind of "decision" from parents, and much less expect to be reimbursed by public coffers.


Genital mutilation, whether it be wrapped in culture, religion or “research” is still genital mutilation.

It is mistaken, the belief that the right amount of “science” can be used to legitimize the deliberate violation of basic human rights.


FLORIDA: What Happened Today As Per Intact America
FLORIDA CIRCUMCISION SAGA: Insult to Injury
FLORIDA CIRCUMCISION SAGA: It's Not Over Yet

FLORIDA BULLETIN: Circumcision Scheduled for 4-yo - Anonymous User Discloses Details

Related Links:

Related Post:
Phony Phimosis: How American Doctors Get Away With Medical Fraud

Tuesday, June 9, 2015

FLORIDA BULLETIN: Circumcision Scheduled for 4-yo - Anonymous User Discloses Details

The mother of the boy in question as she is forced
to sign consent papers for her son's circumcision.

Previously on the Florida Circumcision Saga, a mother was forced to sign the consent form for the circumcision of her healthy, non-consenting son, by Florida courts, in order to appease his father's wishes.

It appears that the father has become successful in finding a doctor that will perform the elective surgery, and a circumcision has been scheduled. The child is scheduled to be circumcised on Thursday, June 11 at Joe DiMaggio Children's Hospital by one Gary Birken, MD.

The following was sent to the group dedicating itself to help the child:

"To the page administrators,
This is a throwaway account. I cannot give you any further information about me. This is NOT my real name. But I work at JDCH and due to my position and job I have gotten to see a lot of what has been going on surrounding Chase's situation. I want to share what I know because I am so strongly against anyone so much as touching Chase with a ten foot pole. This is what I know - rumor or otherwise - and whether you share it with your followers or not is up to you.

-Chase's father has not actually met with Dr Birken. From what I understand from his scheduling nurses, they are being ushered in without needing to establish a new patient relationship. Thursday will be their first meeting.

-Dr Birken will cut Chase no matter what Chase says or does in office. I have worked with Dr Birken in his office before and he is a very no nonsense doctor who will do whatever he has to in order to get done what he feels should be done. He has pressured patients and parents into unnecessary or excessive procedures in the past and I have no doubt he will have Chase forcibly restrained and put under anesthesia without regard to Chase's medical history. Birken is NOT one of the more well loved doctors in our hospital system and that he has agreed to do this does not surprise me. You WILL NOT stop this by trying to reach out to Birken's office - but you WILL make a big difference through the hospital itself. If you can convince them that their general image will be tarnished or that they may face lawsuits they may bar Birken from taking Chase as a patient.

-Hospital administration is threatening staff that chooses to participate in any sort of walk out, protest, or refusal to come in/work with the patient. Nobody in Birken's office is allowed to call off sick on Thursday. They have said that they will place anyone who participates in any acknowledgement of Chase's procedure on leave or will outright fire them for insubordination and violation of HIPPA (because by refusing to come in, protesting, or refusing to work with Birken or Chase they are acknowledging that he is a patient who will be in that day - it is a VERY fine line but the hospital believes they are within their rights).

-There is talk of secretly rescheduling the procedure to TOMORROW (Wednesday, June 10) or even to Friday. A very good friend of mine is a float nurse that was in Birken's office yesterday and she said that one of the administrators is even considering having Birken be called to "emergency surgery" later today so that Chase can be circumcised, but I do not think this will happen.

-Regardless of when the procedure occurs the hospital will likely hire additional security detail and may also ask the police to be present all day on Thursday. This may mean additional risk for protesters, so those who do choose to protest should bring cameras and be prepared to be as open and obvious about being peaceful as possible.

-Currently the hospital is directing all questions about the case to the director of corporate communications, Kerting Baldwin - and that's only because if it's going to one person then all phone calls and emails can be systematically ignored if they are not "important". I have been told that comments on the Facebook page will likely start being deleted soon (within 24 hours) and that they may shut down commenting entirely.

-Despite discussing taking precautions, hospital administration does NOT think that there will be much to worry about on Thursday. They are PREPARING for the worst but I have personally heard one of the upper level admins say that they would be shocked if there were "more than one or two of those crazy, smelly hippie moms with misspelled signs whose kids are homeschooled and unvaccinated". That comment will probably stick with me forever. It was wrong on so many levels."

It appears as if this country will actually allow a miscarriage of justice, and allow a doctor to get away with performing elective, non-medical surgery on a healthy non-consenting child.

The good that will have come from this fight is that it has garnered global attention about this, and the forced circumcision of healthy, non-consenting minors has become an issue that people can no longer ignore.

One thing is for sure; even if the father is successful in having his healthy, non-consenting son forcibly circumcised by a medical professional, it won't be the last we will have heard from this.

One Dr. John Trainer MD has publicly posted this on Joe DiMaggio Children's Hospital's Facebook Page where the boy is scheduled to be forcibly circumcised:

"Simply an observation: the surgeon who would perform an elective surgery on a four-year-old, over the objection of his mother, and the objection of the four-year-old, has committed a gross breach of medical ethics.

If your hospital is complicent in the mutilation of Chase Hironimus, know that I will be filing an ethical complaint with the Florida Board of Medicine the next day."

What can you do?
(1) Post on the hospital's Facebook page, demanding that they refuse to circumcise a healthy child whose mother is vehemently opposed to the surgery, and telling them that if they do, there will be both public relations and legal consequences
(2) Call the hospital 954-265-5933, and (similarly) tell the risk-management department that there will be both legal and reputational consequences if they circumcise the Hironimus (Nebus) boy
(3) Call the physician's office (954) 265-0072 and warn him that the mother of the child is vehemently opposed to the circumcision, and that to conduct medically unnecessary surgery under these circumstances is both unethical and legally risky


 Muslim child about to be circumcised. One can be sure
nobody "convinced" him of anything, money is not
enough to comfort this child who knows what is coming



As a 4-year-old, the child may have to be restrained.
Here is a picture of a 4-year-old being forcibly circumcised
in Turkey. Boys in Muslim traditions are circumcised at later ages.


Related Links:
Circumcision scheduled for 4-year-old boy

Reports of boy's looming circumcision cause campaign against hospital




FLORIDA: What Happened Today As Per Intact America
FLORIDA CIRCUMCISION SAGA: Insult to Injury

FLORIDA CIRCUMCISION SAGA: It's Not Over Yet

Thursday, May 28, 2015

FLORIDA CIRCUMCISION SAGA: It's Not Over Yet

 Heather Hironimus, Chase's mother, prays for a miracle as she is
forced to sign away her baby's most basic of human rights.

Current state of affairs...
It's been a few days since I've last posted on this matter. A lot of us who have been keeping our eye on this case have been left stunned and in utter disbelief that this is the way this case is playing out today, in this day and age.
According to recent reports, after having dropped her federal civil rights case, the mother in this case was forced to sign a circumcision consent form, and faces a felony custody violation charge, which carries a maximum of five years in prison and a fine of up to $10,000.
The mother, and the rest of the intactivist movement, holds her breath as the father has full custody and sole discretion over their child's medical care for ninety days, and will be no doubt working hard to get him circumcised as soon as possible.
The whereabouts of the child are unknown, however intactivists and others who care for the child's well-being haven't lost hope, and are praying for a miracle.
Many hope that American doctors will adhere to the moral and ethical high ground, and simply refuse to perform needless surgery on the boy who is healthy and expressly wishes to be left alone.
Others hope that in the time the father spends with his son, he will have a change of heart and choose not to have surgery performed on his son out of his own volition.

Case seen around the world
They say that every cloud has a silver lining, and even though the outcome of this case isn't what many of us who fight for basic human rights have hoped for, there has been some good which has come out of this case.

People in and outside of the United States are being forced to talk about what was once a taboo given. News reports about this case are being published as far as Europe, and even Jewish practitioners of ritual newborn circumcision are calling fowl.

Though the case hasn't resulted in "success" for this child and mother, it has become "success" in the sense that, it has resulted in creating awareness about forced genital cutting.

People are being forced to admit that male infant circumcision is not the "non-issue" everybody tries to make it out to be.
Whistling in the dark, many attempt to laugh away the matter, trivializing it and cracking jokes, but now, the seriousness of the matter can no longer be denied.
Campaigns to Help this Mother and Son
A previous letter campaign alerting Florida doctors of the situation has made it so that no doctor in the right mind would dare perform needless surgery on the child in question, as doing so would put them in danger of litigation, in addition to garnering international media attention.

The campaign has worked, however the Florida state court has granted this father the freedom to look for doctors who might circumcise the 4-year-old child in other states.

There is now a new letter-writing campaign, and there are private groups in every single state writing letters to doctors on the child's behalf.
Readers can visit a Facebook page administered by SavingSons.org for more details. 

Additionally, a fundraiser on YouCaring has been started to raise funds for the mother, who in addition to having temporarily lost custody of her son, now faces new charges in court. The page for the fundraiser can be accessed here.




Related Links:
FLORIDA: What Happened Today As Per Intact America


FLORIDA CIRCUMCISION SAGA: Insult to Injury

Post of Interest:

While a Florida court is mandating a mother relinquish her son to be circumcised without medical or clinical indication, in Israel, in a similar case, common sense prevails. So sad that my country is being left behind in this regard...

Common Sense in Israel

Friday, May 22, 2015

FLORIDA CIRCUMCISION SAGA: Insult to Injury



As if being forcibly separated from her child, and being forced to sign the consent form for his non-therapeutic genital surgery to appease his father weren't enough, the mother in the Florida court-ordered circumcision case apparently now faces a new criminal charge.

According to the Sun Sentinel, this mother now also faces a criminal charge of interference with custody, from her time keeping the boy from his father in an apparent violation of a custody-sharing agreement. The charge is a third-degree felony punishable by up to five years in state prison for a conviction.

What a sad day it is in this country, where not only are you jailed for trying to protect your son from needless surgery, you also face a criminal charge as well.

What a tragedy that this is being allowed to happen in this country and being called "justice."



 

Previous Posts:
FLORIDA UPDATE: Father Intent on Circumcising 4-yo Son Seeks to Legally Paralyze Mother

FLORIDA UPDATE: Mother in Circumcision Dispute Fails to Appear in Court - Judge Orders Her Arrest

FLORIDA: Belligerent Judge Seeks the Circumcision of a 4 Year Old

FLORIDA UPDATE: 4-yo Circumcision Case Goes Federal

FLORIDA CIRCUMCISION SAGA: Mother Arrested, Child Nabbed

FLORIDA UPDATE: Court Battle Slated for Monday - Father Objects to British TV Coverage

A Word Of Prayer for Chase



FLORIDA: What Happened Today As Per Intact America




And the Florida Circumcision Court Battle Draws to a Close

Post of Interest:

While a Florida court is mandating a mother relinquish her son to be circumcised without medical or clinical indication, in Israel, in a similar case, common sense prevails. So sad that my country is being left behind in this regard...

Common Sense in Israel

And the Florida Circumcision Court Battle Draws to a Close


Punished for the crime of attempting to protect your only child from needless surgery.
We now live in a country where you either consent to mutilating your son or you rot in jail.














Chase's mother in her our of anguish, grief and despair.
Oh the complete helplessness she must have been feeling...
To have your little one, whom you love, be ripped from you,
and you having no power to protect him...
This is what they call "justice" in the United States of America.
What a disgrace.

One day Chase will see these photos and know what his mother was put through.

Photos: Sun Sentinel

It is absolutely sick and despicable that this could be happening in this day and age in the United States of America.

Court-ordered child abuse.

This mother and child have been subjected to abject humiliation and suffering.

Being forcibly separated from your child, especially knowing he is with a monster has got to be some special form of torture.

How must Chase feel to be away from his mother this long. Who knows if he's ever slept at night away from her, with his excuse for a father, and the constant fear he must have of being taken away for surgery at any time. Poor child may not be eating or sleeping, which leads to terrible mental anguish.

And now it will all end with this boy and mother's nightmare coming true.

I can only imagine the betrayal...

He is at the mercy of his father now.

What a disgusting, disheartening outcome. All that protesting, all that hoping and praying, all that national attention, all that overwhelming support for the mother and her baby. All for nothing. A resounding victory for the side of evil.

A little boy is going to have the most sensitive part of his body needlessly mutilated, he will probably never see his mother again, and he is going to grow up under the roof of the very man who abused of him, and ruined his life at such a young age.

How could this happen in my country today?

What an absolute tragedy.

Still, others hope for a miracle.

This father has a very afraid, very angry 4-year old, who is upset about his mom, and he is terrified of the procedure.

We can only hope that the father will have compassion for his young son and not compound the trauma of the past few months with the trauma of a medically unnecessary surgery.

We an only hope that physicians will have compassion, and that they will do the ethical, right thing and refuse to perform surgery on a healthy, non-consenting minor.

Neither the well-being of this child, nor his basic human rights were ever considered in this case.

The boy was never heard.

The person whose body is in question was never heard.

Shame on this father.

Shame on this judge.

This day will live on in infamy as one of the darkest days in our nation's history.

A court system that can't protect the most basic human rights of a minor is broken indeed. A sad day in the world it is when a child must undergo court-ordered abuse to appease a crazed father's whim.

My thoughts are with Chase and his mother.

If his father goes through with this, Chase will essentially undergo needless genital mutilation and abuse, and the courts sanctioned, ordered, even facilitated it.

I pray for the day when male children are given the full protection of their basic human rights as female children are.




As I look into the face of this poor, innocent little boy, I can only clutch my own children close and pray for his protection.



This is what a four-year old about to be circumcised looks like.
This is what our justice system is allowing in this country today.
What an absolute tragedy.



WE ARE ALL CHASE




















This is child abuse.

It is child abuse, and our justice system is allowing it to happen.

No, Judge Gillen MADE it happen.

He ignored this child's most basic of human rights and he is directly responsible for allowing, if not directly facilitating this abuse and direct violation of basic human rights.

He will be remembered as the judge who jailed a mother for attempting to protect her son from needless surgery, taking the boy and handing him to his father so that he could facilitate the child's abuse.

You have a boy's blood on your hands, Jefferey Dana Gillen.

You will be remembered, and Chase will remember you.

Poor mother... How must she feel... She must feel that she failed her son... She must feel betrayed by the justice system in our own country.

I don't know how I would feel if I were jailed for trying to protect my children, they were taken away, and I was told that they were going to do to them the very thing I was trying to protect them from, and there is nothing I could do about it...


Poor Chase... How must he feel... I can only imagine what it can feel like to be a bystander to the rape of your own body...

Poor Chase... Poor, poor Chase...

I can't believe this is happening in my own country...

Such a let-down...

What a sad, sad day it is today...

 Previous Posts:
FLORIDA UPDATE: Father Intent on Circumcising 4-yo Son Seeks to Legally Paralyze Mother

FLORIDA UPDATE: Mother in Circumcision Dispute Fails to Appear in Court - Judge Orders Her Arrest

FLORIDA: Belligerent Judge Seeks the Circumcision of a 4 Year Old

FLORIDA UPDATE: 4-yo Circumcision Case Goes Federal

FLORIDA CIRCUMCISION SAGA: Mother Arrested, Child Nabbed

FLORIDA UPDATE: Court Battle Slated for Monday - Father Objects to British TV Coverage

A Word Of Prayer for Chase


FLORIDA: What Happened Today As Per Intact America



Post of Interest:
While a Florida court is mandating a mother relinquish her son to be circumcised without medical or clinical indication, in Israel, in a similar case, common sense prevails. So sad that my country is being left behind in this regard...

Common Sense in Israel

Wednesday, May 20, 2015

FLORIDA CIRCUMCISION SAGA: Withdrawal of Motion and Notice of Voluntary Dismissal Filed




This has just appeared in my Facebook news feed, posted by Chase's Guardians:

This morning, Thomas Hunker, the mother's attorney, filed a Withdrawal of Motion and Notice of Voluntary Dismissal of the federal case. We do not yet have answers to why this happened but will report here once we do. Please continue to support Chase's basic human rights and his mother's plight to get out of jail and have custody of her son returned to her.
I fear the worst...

A court system that can't protect the most basic human rights of a minor is broken indeed. A sad day in the world it is when a child must undergo court-ordered abuse to appease a crazed father's whim.

My thoughts are with Chase and his mother.

If his father goes through with this, Chase will have essentially undergone needless genital mutilation and abuse, and the courts sanctioned, ordered, even facilitated it.

I pray for the day when male children are given the full protection of their basic human rights as female children are.



As I look into the face of this poor, innocent little boy, I can only clutch my own children close and pray for his protection.



WE ARE ALL CHASE




















This is child abuse.

It is child abuse, and our justice system allowed it to happen.

No, Judge Gillen MADE it happen.

He ignored this child's most basic of human rights and he is directly responsible for allowing, if not directly facilitating this abuse and direct violation of basic human rights.

He will be remembered as the judge who jailed a mother for attempting to protect her son from needless surgery, taking the boy and handing him to his father so that he could facilitate the child's abuse.

You have a boy's blood on your hands, Jefferey Dana Gillen.

You will be remembered, and Chase will remember you.

Poor mother... How must she feel... She must feel that she failed her son... She must feel betrayed by the justice system in our own country.

I don't know how I would feel if I were jailed for trying to protect my children, they were taken away, and I was told that they were going to do to them the very thing I was trying to protect them from, and there is nothing I could do about it...


Poor Chase... How must he feel... I can only imagine what it can feel like to be a bystander to the rape of your own body...

Poor Chase... Poor, poor Chase...

I can't believe this is happening in my own country...

Such a let-down...

What a sad, sad day it is today...

Previous Posts:
FLORIDA UPDATE: Father Intent on Circumcising 4-yo Son Seeks to Legally Paralyze Mother

FLORIDA UPDATE: Mother in Circumcision Dispute Fails to Appear in Court - Judge Orders Her Arrest

FLORIDA: Belligerent Judge Seeks the Circumcision of a 4 Year Old

FLORIDA UPDATE: 4-yo Circumcision Case Goes Federal

FLORIDA CIRCUMCISION SAGA: Mother Arrested, Child Nabbed

FLORIDA UPDATE: Court Battle Slated for Monday - Father Objects to British TV Coverage

A Word Of Prayer for Chase

FLORIDA: What Happened Today As Per Intact America

Post of Interest:
While a Florida court is mandating a mother relinquish her son to be circumcised without medical or clinical indication, in Israel, in a similar case, common sense prevails. Let us hope common sense prevails in American courts as well.

Common Sense in Israel

Monday, May 18, 2015

FLORIDA: What Happened Today As Per Intact America


Georganne Chapin of Intact America was present at the hearing of Chase's case in the federal courts today. I'm tired, and I've been holding my breath until now, so I'm just going to post Georganne Chapin's review and comment minimally towards the end:

The long hearing touched on all the important issues, but in the end, Judge Kenneth Marra did not rule on any of the motions.

The child's attorney, Thomas Hunker, went first. He argued that the Federal court should accept jurisdiction. Judge Marra asked him many questions, focusing on the critical questions of whether the child is indeed a new party (i.e., not represented in the state court case) and whether the issues had already been litigated. 

Mr. Hunker made compelling arguments that the boy's Constitutional rights were not presented in the state court—that the dispute then was between the parents, that it was viewed as a contract dispute, and that the boy's right to bodily integrity was not presented.

Federal court Judge Marra was not ready to rule today on the jurisdiction question, which is key to determining whether the child has additional legal remedies.

Early in the hearing, he asked the attorney for the father Dennis Nebus if he would agree to wait before carrying out the circumcision. Nebus' attorney expressed reluctance to do that, but said he would defer to the judge for a limited time. It became clear that the Defendant's position is that if the Federal court does not have jurisdiction to litigate the case, it similarly has no jurisdiction to issue an injunction (a Temporary Restraining Order, in this instance). Both the judge and the Defendants were aware of this, and I believe that's why Judge Marra phrased the question as a request, rather than an order.

A good deal of the back-and-forth between Attorney Hunker (for the boy) and Judge Marra consisted of arguments about whether or not the Plaintiff had the right to bring the case in Federal court. The judge wanted Hunker to tell him (1) that the boy was indeed a new party (question: if the mother wasn't representing the child's interest in state court, whose interest was she representing?); (2) that the issues presented in the federal complaint were different than those presented in the state case.

The two questions are actually, in my mind, intertwined. It seems that the boy's constitutional right to bodily integrity was NOT raised in the first case. Neither was his right to equal protection - but, ironically, it was Judge Marra who zeroed in on the latter, asking: "OK, so you're saying that if a parent were prosecuted for cutting the genitals of his daughter, that parent's defense could be that the anti-FGM statute is unconstitutional because it only protects girls?"

What was historic about the discussion is that there was actually a discussion about circumcision as infringing upon the rights of the male child to bodily integrity and equal protection.

Where I felt the Judge was totally off base was in focusing on circumcision as a medical decision - one that the parents had the right to make. He kept raising examples like tonsillectomies and cancer treatment. Where I felt that the child's attorney could have argued more strenuously is that (1) there is absolutely NO medical need for the surgery (unlike in the Judge's examples; and (2) there is absolutely no necessity for the surgery to take place NOW. The father's attorney said "Mr. Nebus is entitled to finality, and the boy is also entitled to finality."

Finality? Even though it's irreversible bodily mutilation of a child?

Unfortunately, Heather Hironimus was not in court. Her mother, father and sister were there, they did not know ahead of time that Heather would not be.

The judge did not indicate when he will rule on the jurisdiction question. The timetable seems likely to be set by whether the father goes ahead and schedules the surgery, promising to give the judge a 7-day notice.

I came away feeling neither optimistic nor pessimistic about whether the Judge will accept the case. I remain optimistic that the child can be saved.

My Thoughts...
I'm glad that even though no rulings were made, the case has made history as I've highlighted above.

What bothers me is that the case has become stuck in the matter of whether or not this case should have been brought to the federal court. It is believed by the plaintiffs that the state court has ruled unjustly, and that thus, this would be the next step. That they are trying to argue that the judge did not have this child's best interest in mind is the whole reason they are there. As Georganne Chapin has rightly highlighted, neither the child's constitutional right to bodily integrity, nor his right to equal protection were raised.

Other things that I think ought to be considered when discussing whether or not this judge had the child's best interests in mind are other actions. How could the judge have had the child's best interests in mind when he was not interested in what the child had to say for himself? Why deny him a guardian ad litem? Why dismiss amicus curiae by other parties wanting to speak on his behalf?

Why does it seem the judge's actions were meant to disable the mother while giving the father an advantage? Why did he forbade her from seeking help from others? Why did he deny the mother and child a voice, and then signed a warrant for their arrest when they tried to run to seek someone who would speak for them?

Why does it seem to escape the judge that the child is three years older from when the written agreement was made? Why doesn't it seem to matter to him that the child is now older, fully aware and conscious of his body and his surroundings? That the mother now has information she didn't have three years ago when she signed the agreement? What is wrong with the child that this is being called a "medical decision?"

Instead of being stuck on whether or not this case is legitimate, whether or not the written agreement signed years ago has any standing, why isn't anyone questioning whether what is outlined in the invoked written agreement is actually constitutional and in the child's best interests, especially now that the child is older and not the same child as when the agreement was signed?

Why is what this child now thinks about his own body irrelevant?

His needs, wishes and constitutional rights were clearly ignored by the judge in the initial case. Why the continued insistence that this child, whose body is in question, neither be represented, seen nor heard?

Georganne hits it on the nail here. The child is not sick nor suffering an illness that requires surgery. How is it, then that the judge insists it is any kind of "medical decision?" How are healthy, anatomically correct genitals in any way comparable to inflamed tonsils or a cancerous tumor?

"Mr. Nebus is entitled to finality, and the boy is also entitled to finality."

"Finality" to what?

What does this mean?


That Nebus get the last word? Is that what this is all about?

If the boy is entitled to "finality," why not ask HIM what he wants?

Whose body is it? Whose choice?

Though nothing has been decided yet, at the very least I can breathe a sigh of relief in that, at least for now, the boy is safe.



I pray that people come to their senses. Let this couple fight their own battles and stop using this child's body as a battle ground.

Let the basic human rights of this child be recognized.

I Close With My Mission Statement
The foreskin is not a birth defect. Neither is it a congenital deformity or genetic anomaly akin to a 6th finger or a cleft. Neither is it a medical condition like a ruptured appendix or diseased gall bladder. Neither is it a dead part of the body, like the umbilical cord, hair, or fingernails.

The foreskin is not "extra skin." The foreskin is normal, natural, healthy, functioning tissue, present in all males at birth; it is as intrinsic to male genitalia as labia are to female genitalia.

Unless there is a medical or clinical indication, the circumcision of a healthy, non-consenting individuals is a deliberate wound; it is the destruction of normal, healthy tissue, the permanent disfigurement of normal, healthy organs, and by very definition, infant genital mutilation, and a violation of the most basic of human rights.

Without medical or clinical indication, doctors have absolutely no business performing surgery in healthy, non-consenting individuals, much less be eliciting any kind of "decision" from parents.




You can help this child and his mother
As far as your author knows, it is still possible to help this mother financially. Now, more than ever, Chase's mother needs financial help. You can donate to Doctors Opposing Circumcision via PayPal and include the words "Chase's legal fund" in the note to earmark the donation for the mother's attorney, or visit the webpage for the fundraiser being administered by Doctors Opposing Circumcision, at http://chasesguardians.org.


Previous Posts:
FLORIDA UPDATE: Father Intent on Circumcising 4-yo Son Seeks to Legally Paralyze Mother

FLORIDA UPDATE: Mother in Circumcision Dispute Fails to Appear in Court - Judge Orders Her Arrest

FLORIDA: Belligerent Judge Seeks the Circumcision of a 4 Year Old

FLORIDA UPDATE: 4-yo Circumcision Case Goes Federal

FLORIDA CIRCUMCISION SAGA: Mother Arrested, Child Nabbed

FLORIDA UPDATE: Court Battle Slated for Monday - Father Objects to British TV Coverage

A Word Of Prayer for Chase

Post of Interest:
While a Florida court is mandating a mother relinquish her son to be circumcised without medical or clinical indication, in Israel, in a similar case, common sense prevails. Let us hope common sense prevails in American courts as well.

Common Sense in Israel