Editing Circumcision and law (section)

== History==

=== Judaism ===
{{See also|Brit milah}}
There are ancient religious requirements for [[circumcision]]. The [[Hebrew Bible]] commands [[Jew]]s to circumcise their male children on the eighth day of life, and to circumcise their male [[slavery|slaves]].<ref>{{bibleverse||Genesis|17:11–12|HE}}</ref>

Laws which ban circumcision are also ancient. The [[Ancient Greece|ancient Greeks]] prized the foreskin and disapproved of the Jewish custom of circumcision.<ref name="Hodges2001">{{Cite journal |last=Hodges |first=Frederick M. |year=2001 |title=The Ideal Prepuce in Ancient Greece and Rome: Male Genital Aesthetics and Their Relation to Lipodermos, Circumcision, Foreskin Restoration, and the Kynodesme |url=http://www.cirp.org/library/history/hodges2/ |url-status=live |journal=Bulletin of the History of Medicine |volume=75 |issue=3 |pages=375–405 |doi=10.1353/bhm.2001.0119 |pmid=11568485 |archive-url=https://web.archive.org/web/20181120091617/http://www.cirp.org/library/history/hodges2/ |archive-date=20 November 2018 |access-date=22 January 2008 |s2cid=29580193}}</ref> [[1 Maccabees]], 1:60–61 states that [[Antiochus IV Epiphanes|King Antiochus IV]] of [[Syria]], the occupying power of [[Judea]] in 170 BCE, outlawed circumcision on penalty of death,<ref>[[1 Maccabees]], 1:60–61</ref> one of the grievances leading to the [[Maccabean Revolt]].<ref name = "Miller">{{Cite ssrn |last=Miller |first=Geoffrey P. |date=Spring 2002 |title=Circumcision: Cultural-Legal Analysis |ssrn=201057 |quote=Ritual circumcision of boys is a durable tradition. Jews of ancient times refused to abandon the practice despite enormous pressure to do so. In 167 BCE the Seleucid emperor Antiochus IV, as part of a campaign to Hellenise the Jews, condemned to death every Hebrew who allowed a son to be circumcised. The Jews responded with the Maccabean revolt, a campaign of [[guerrilla warfare]] which resulted in major victories for the rebels and, eventually, a peace treaty which restored Jewish ritual prerogatives.}}
</ref>

According to the ''[[Historia Augusta]]'', the [[Roman Empire|Roman]] emperor [[Hadrian]] issued a decree which banned circumcision in the empire,<ref>{{Cite web |title=The Ideal Prepuce in Ancient Greece and Rome |url=http://www.cirp.org/library/history/hodges2/ |url-status=live |archive-url=https://web.archive.org/web/20181120091617/http://www.cirp.org/library/history/hodges2/ |archive-date=20 November 2018 |access-date=12 September 2004 |website=www.cirp.org}}</ref> and some modern scholars argue that this was a main cause of the Jewish [[Bar Kokhba's revolt|Bar Kokhba]] revolt of 132 CE.<ref>See, e.g., Alfredo M. Rabello, The Ban on Circumcision as a Cause of Bar Kokhba's Rebellion, 29 ISRAEL L. REV. 176 (1995) (Arguing that the Bar Kokhba rebellion against Roman rule was primarily motivated by the superimposition of foreign religious standards, rather than by some important notion of independence or sovereignty).</ref> The Roman historian [[Cassius Dio]], however, made no mention of such a law, instead, he blamed the Jewish uprising on Hadrian's decision to rebuild [[Jerusalem]] and rename it [[Aelia Capitolina]], a city dedicated to [[Jupiter (god)|Jupiter]].

[[Antoninus Pius]] permitted Jews to circumcise their own sons. However, he forbade the circumcision of non-Jewish males who were either foreign-born slaves of Jews and the circumcision of non-Jewish males who were members of Jewish households, in violation of Genesis 17:12. He also banned non-Jewish men from converting to Judaism.<ref>{{Cite journal |last=Kraus |first=Matthew |date=29 March 2004 |title=Review of: Jews and Gentiles in the Holy Land in the Days of the Second Temple, the Mishna and the Talmud |url=http://bmcr.brynmawr.edu/2004/2004-03-29.html |url-status=live |journal=Bryn Mawr Classical Review |archive-url=https://web.archive.org/web/20180412202942/http://bmcr.brynmawr.edu/2004/2004-03-29.html |archive-date=12 April 2018 |access-date=4 September 2016}}</ref> Antoninus Pius exempted the Egyptian priesthood from the otherwise universal ban on circumcision.

[[Constantine the Great]] made it illegal to circumcise Christian slaves, and punished the owners who allowed it by freeing the Christian from slavery.<ref>{{Cite book |last=Schäfer |first=Peter |url=https://books.google.com/books?id=tdKCAgAAQBAJ&pg=PA182 |title=The History of the Jews in the Greco-Roman World |publisher=Routledge |year=2003 |page=182 |isbn=978-1-134-40317-2 |quote=Constantine forbade the circumcision of Christian slaves, and declared any slave circumcised despite this prohibition a free man}}</ref>

=== Ecclesiastical canon law in Christianity ===
[[Image:Coptic Children wearing traditional circumcision costumes.jpg|thumb|right |[[Copts|Coptic]] children wearing traditional circumcision costumes]]
Circumcision has also [[Circumcision controversy in early Christianity|played a major role]] in [[History of Christianity|Christian history]] and [[Christian theology|theology]].<ref>{{Cite book |last=Jacobs |first=Andrew |title=Christ Circumcised: A Study in Early Christian History and Difference |publisher=[[University of Pennsylvania Press]] |year=2012 |isbn=978-0-8122-0651-7 |location=United States |pages=}}</ref><ref>{{Cite book |last1=Bolnick |first1=David |title=Surgical Guide to Circumcision |last2=Koyle |first2=Martin |last3=Yosha |first3=Assaf |publisher=[[Springer Science+Business Media|Springer]] |year=2012 |isbn=978-1-4471-2858-8 |location=United Kingdom |pages=290–298 |chapter=Circumcision in the Early Christian Church: The Controversy That Shaped a Continent |quote=In summary, circumcision has played a surprisingly important role in Western history. The circumcision debate forged a Gentile identity to the early Christian church which allowed it to survive the Jewish Diaspora and become the dominant religion of Western Europe. Circumcision continued to have a major cultural presence throughout Christendom even after the practice had all but vanished.... the circumcision of Jesus... celebrated as a religious holiday... [has been] examined by many of the greatest scholars and artists of the Western tradition.}}</ref> The [[Council of Jerusalem]] in the early [[Christian Church]] declared that circumcision was not necessary for Christians;<ref name="Wilson1989">{{Cite book |last=Wilson |first=Marvin R. |title=Our Father Abraham: Jewish Roots of the Christian Faith |date=1989 |publisher=Wm. B. Eerdmans Publishing |isbn=978-0-8028-0423-5 |page=48 |language=en}}</ref> [[covenant theology]] largely views the Christian [[sacrament]] of [[baptism]] as fulfilling the Israelite practice of circumcision, both being signs and seals of the covenant of grace.<ref name="Clark2012">{{Cite web |last=Clark |first=R. Scott |date=17 September 2012 |title=Baptism and Circumcision According to Colossians 2:11–12 |url=https://heidelblog.net/2012/09/baptism-and-circumcision-according-to-colossians-211-12/ |url-status=live |archive-url=https://web.archive.org/web/20201101024039/https://heidelblog.net/2012/09/baptism-and-circumcision-according-to-colossians-211-12/ |archive-date=1 November 2020 |access-date=24 December 2020 |publisher=The Heidelblog |language=en}}</ref><ref name="Crowther1815">{{Cite book |last=Crowther |first=Jonathan |title=A Portraiture of Methodism |year=1815 |page=224 |language=en}}</ref> Though mainstream Christian denominations maintain a neutral position on routine circumcision, it is widely practiced in many [[Christendom|Christian communities]].<ref name="R. Wylie 2015 101">{{cite book|title=ABC of Sexual Health|first=Kevan|last= R. Wylie|year= 2015| isbn=978-1-118-66569-5| page =101 |publisher=John Wiley & Sons|quote= Although it is mostly common and required in male newborns with Moslem or Jewish backgrounds, certain Christian-dominant countries such as the United States also practice it commonly.}}</ref><ref name="R. Peteet 2017 97–101" /><ref name=":15">{{Cite book |last=S. Ellwood |first=Robert |title=The Encyclopedia of World Religions |publisher=[[Infobase Publishing]] |year=2008 |isbn=978-1-4381-1038-7 |page=95 |quote=It is obligatory among Jews, Muslims, and Coptic Christians. Catholic, Orthodox, and Protestant Christians do not require circumcision. Starting in the last half of the 19th century, however, circumcision also became common among Christians in Europe and especially in North America.}}</ref><ref>{{Cite book |last=Gruenbaum |first=Ellen |title=The Female Circumcision Controversy: An Anthropological Perspective |publisher=[[University of Pennsylvania Press]] |year=2015 |isbn=978-0-8122-9251-0 |page=61 |chapter=Ritual and Meaning |quote=Christian theology generally interprets male circumcision to be an Old Testament rule that is no longer an obligation ... though in many countries... it is widely practiced among Christians. |author-link=Ellen Gruenbaum}}</ref><ref>{{Cite book |last=Hunting |first=Katherine |title=Essential Case Studies in Public Health: Putting Public Health Into Practice |publisher=[[Jones & Bartlett Learning]] |year=2012 |isbn=978-1-4496-4875-6 |pages=23–24 |quote=Neonatal circumcision is the general practice among Jews, Christians, and many, but not all Muslims.}}</ref>

Historically, the [[Lutheran Church]]es have also not practiced circumcision among their communicants.<ref>{{Cite book |last=Sicard |first=Sigvard von |title=The Lutheran Church on the Coast of Tanzania 1887-1914: With Special Reference to the Evangelical Lutheran Church in Tanzania, Synod of Uzaramo-Uluguru |date=1970 |publisher=Gleerup |page=157 |language=en}}</ref> Currently the [[Catholic Church]] maintains a neutral position on the practice of non-religious circumcision.<ref name=Slosar>{{cite journal | vauthors = Slosar JP, O'Brien D | title = The ethics of neonatal male circumcision: a Catholic perspective | journal = The American Journal of Bioethics | volume = 3 | issue = 2 | pages = 62–64 | year = 2003 | pmid = 12859824 | doi = 10.1162/152651603766436306 | s2cid = 38064474 }}</ref> Today, many [[Christian denominations]] are neutral about ritual male circumcision, not requiring it for religious observance, but neither forbidding it for cultural or other reasons.<ref>{{cite book| author = Pope Eugenius IV | author-link = Pope Eugene IV| editor-first = Norman P. | editor-last = Tanner | title = Decrees of the ecumenical councils| orig-date = 1442 | access-date = 25 April 2007| series = 2 volumes| year = 1990| publisher = [[Georgetown University Press]]| location = [[Washington, D.C.]]| isbn = 978-0-87840-490-2| language = el, la | chapter = Ecumenical Council of Florence (1438–1445): Session 11—4 February 1442; Bull of union with the Copts| chapter-url = http://www.ewtn.com/library/COUNCILS/FLORENCE.HTM#5| quote =| lccn = 90003209}}</ref>

On the other hand, in [[Oriental Christianity]], the [[Coptic Orthodox Church]] and [[Ethiopian Orthodox Church]] and [[Eritrean Orthodox Tewahedo Church|Eritrean Orthodox Church]] require that their male members undergo circumcision.<ref name="Al-Salem2016">{{Cite book |last=Al-Salem |first=Ahmed H. |url=https://books.google.com/books?id=kuZ0DQAAQBAJ&q=ethiopian+orthodox+church+circumcision&pg=PA481 |title=An Illustrated Guide to Pediatric Urology |date=5 November 2016 |publisher=Springer |isbn=978-3-319-44182-5 |page=481 |language=en |access-date=25 February 2021 |archive-url=https://web.archive.org/web/20210422011322/https://books.google.com/books?id=kuZ0DQAAQBAJ&q=ethiopian+orthodox+church+circumcision&pg=PA481 |archive-date=22 April 2021 |url-status=live}}</ref><ref name="N. Stearns 2008 179">{{Cite book|last= N. Stearns|first=Peter|title=The Oxford Encyclopedia of the Modern World|publisher=[[Oxford University Press]]|year=2008|isbn=978-0-19-517632-2|page=179|quote=Uniformly practiced by Jews, Muslims, and the members of Coptic, Ethiopian, and Eritrean Orthodox Churches, male circumcision remains prevalent in many regions of the world, particularly Africa, South and East Asia, Oceania, and Anglosphere countries.}}</ref><ref name="R. Peteet 2017 97–101">{{cite book|title=Spirituality and Religion Within the Culture of Medicine: From Evidence to Practice|first=John|last=R. Peteet|year= 2017| isbn=978-0-19-027243-2| pages =97–101 |publisher=Oxford University Press|quote=male circumcision is still observed among Ethiopian and Coptic Christians, and circumcision rates are also high today in the Philippines and the US.}}</ref>

=== Soviet Union ===
Before [[glasnost]], according to an article in [[The Jewish Press|''The Jewish Press'']], Jewish ritual circumcision was forbidden in the [[Soviet Union]].<ref>{{Cite web|title=Soviet Jews Of All Ages Seek Circumcision|url=https://friendsofrefugees.org/about/media/jp9.php|access-date=2022-08-01|website=friendsofrefugees.org|archive-date=26 December 2023|archive-url=https://web.archive.org/web/20231226101816/https://friendsofrefugees.org/about/media/jp9.php}}</ref> However, David E. Fishman, professor of Jewish History at the [[Jewish Theological Seminary of America]], states that, whereas the ''[[Cheder|heder]]'' and ''[[yeshiva]]'', the organs of Jewish education, "were banned by virtue of the law separating church and school, and subjected to tough police and administrative actions", circumcision was not proscribed by law or suppressed by executive measures.<ref>David E. Fishman, "Judaism in the USSR, 1917–1930: The Fate of Religious Education", in: Yaacov Ro'i, ed., ''Jews and Jewish Life in Russia and the Soviet Union'' (Cummings Center Series; London: Cass, 1995), 251–262; pp. 251–252.</ref>
Jehoshua A. Gilboa writes that while circumcision was not officially or explicitly banned, pressure was exerted to make it difficult. ''[[Mohel]]s'' in particular were concerned that they could be punished for any health issue that might develop, even if it arose some time after the circumcision.<ref>"There was no official prohibition of circumcision and, on the whole, even the propaganda attacks on it were relatively restrained, apparently out of consideration for the presence of many millions of Moslems ... in the Soviet Union. But at the same time numerous pressures were exerted to make observance of this precept [i.e., circumcision] difficult. Needless to say, Jewish members of the [[Communist Party of the Soviet Union|Communist Party]] were in an embarrassing situation when they personally faced the question whether to circumcise their sons ... And the uncertainty weighed heaviest on the ''mohalim'' themselves ... Any health problem developing in the baby some time after circumcision could serve to incriminate the ''mohel''. It is easy to imagine, for example, the impact of news items on the death of children because of ... circumcision (and the punishments imposed on ''mohalim''), even if there were no explicit legal bans on circumcision." Jehoshua A. Gilboa, ''A Language Silenced: The Suppression of Hebrew Literature and Culture in the Soviet Union'' (London: Associated University Press, 1982), pp. 34–35.</ref>

=== Albania ===
In 1967, all religion in Communist Albania was banned, along with the practice of circumcision. The practice was driven underground and many boys were secretly circumcised.<ref>{{Cite book |last1=Vickers |first1=Miranda |url=https://books.google.com/books?id=mnTCPH_ZGW4C&q=young+boys+were+secretly+circumcised&pg=PA99 |title=Albania: From Anarchy to a Balkan Identity |last2=Pettifer |first2=James |date=1997 |publisher=Hurst |isbn=978-1-85065-290-8 |language=en |access-date=23 October 2020 |archive-url=https://web.archive.org/web/20210422011353/https://books.google.com/books?id=mnTCPH_ZGW4C&q=young+boys+were+secretly+circumcised&pg=PA99 |archive-date=22 April 2021 |url-status=live}}</ref>