A federal judge has dismissed six charges of female genital mutilation of very young girls against a Muslim doctor, declaring the nation’s female genital mutilation law as “unconstitutional.”
FOX2 Detroit (h/t Az Gal) The federal judge in Detroit ruled in the historic case on Tuesday, ruling the law that prevents female genital mutilation (FGM) is unconstitutional. U.S. District Judge Bernard Friedman ruled that congress does not have the authority to make FGM illegal, which it had been classified as illegal under the Necessary and Proper Clause or the Commerce Clause.
BACKGROUND: In April, the Justice Department publicized charges against Michigan Muslim Doctor Jumana Nagarwala for performing female genital mutilation (FGM) on girls between 6 and 8-years-old. She was fired from Henry Ford Hospital in Detroit for performing FGM among other crimes on young girls at a medical clinic.
Two other Muslim Doctors, Fakhruddin Attar and his wife are accused of helping Nargarwala commit the crimes at the medical facility. All three doctors were taken into federal custody, in connection to what is “believed to be the first case brought under U.S. federal law that forbids FGM.”
The case involved Dr. Jumana Nagarwala who had been awaiting trial on female genital mutilation charges. She was arrested in the summer of 2017 and was released on a $4.5 million bond.
According to the opinion filed by Friedman, congress had banned FGM under a statute that states “whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.”