A federal judge in Michigan ruled that a ban on female genital mutilation passed by Congress is unconstitutional, stating that states only have the right to outlaw the practice.
Human rights groups said that the recent ruling puts girls all across the US at risk of female genital mutilation, considering that around only half of the states ban the typically religious practice.
The case involved charges against a doctor, three staff members who helped facilitate the mutilation, and four mothers of the girls who underwent to operation.
The government argued in the case that Congress has the right to pass laws that reinforce international treaty agreement, that provide equal protection to men and women, and that protect minors from harm.
The defendants, on the other hand, argued that Congress has no right to legislate criminal statutes unless where specifically stated, like interstate commerce.
In many countries with large Mulsim populations, female genital mutilation is still a very common practice.
According to Thailand lawyers, the vast majority of girls living in the Muslim majority southern provinces undergo female genital mutilation at birth and the government often turns a blind eye.
Although the judge called the practice of female genital mutilation barbaric and potentially a criminal offense, he agreed with the defense’s case.
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