The case involved a doctor in Michigan who is believed to have performed 100 female genital mutilations on young Muslim girls. These girls were put through immeasurable pain and they often screamed out and bled, not to mention how it would affect them sexually for the rest of their lives.
The girls were dupe into going by being told it was a girls excursion but in reality, it was a mutilation. So, what could possibly be unconstitutional about preventing this barbaric practice? The judge, U.S. District Judge Bernard Friedman, ruled that the laws against FGM must come from the states and not from the federal government. If that is true, then why not the same rules for abortion?
The Detroit Free Press reported:
In a major blow to the federal government, a judge in Detroit has declared America’s female genital mutilation law unconstitutional, thereby dismissing the key charges against two Michigan doctors and six others accused of subjecting at least nine minor girls to the cutting procedure in the nation’s first FGM case.
The historic case involves minor girls from Michigan, Illinois and Minnesota, including some who cried, screamed and bled during the procedure and one who was given Valium ground in liquid Tylenol to keep her calm, court records show.
The judge’s ruling also dismissed charges against three mothers, including two Minnesota women whom prosecutors said tricked their 7 -year-old daughters into thinking they were coming to metro Detroit for a girls’ weekend, but instead had their genitals cut at a Livonia clinic as part of a religious procedure.
U.S. District Judge Bernard Friedman concluded that “as despicable as this practice may be,” Congress did not have the authority to pass the 22-year-old federal law that criminalizes female genital mutilation, and that FGM is for the states to regulate. FGM is banned worldwide and has been outlawed in more than 30 countries, though the U.S. statute had never been tested before this case.