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Government
Ballot Initiatives
Medical Procedure

Jewish Community Relations Council of San Francisco; The Peninsula, Marin, Sonoma, Alameda and Contra Costa Counties; Anti-Defamation League; Jeremy Benjamin; Jenny Benjamin; Leo Fuchs; Jonathan Jaffe; Yael Frenkel-Jaffe; Sheila Bari; Leticia Preza; Kashif Abdullah; Brian McBeth; Eric Tabas v. John Arntz, in his official capacity as Director of Ele

Published: Oct. 15, 2011 | Result Date: Jul. 28, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CPF-11-511370 Bench Decision –  Plaintiffs

Court

San Francisco Superior


Attorneys

Plaintiff

Nicole L. Aeschleman

Michael A. Jacobs
(JAMS)


Defendant

David L. Lansky

John V. Geisheker

Michael J. Kinane

Steven M. Schatz
(Wilson, Sonsini, Goodrich & Rosati)

Adam Romney

Boris Feldman
(Freshfields Bruckhaus Deringer LLP )

Mollie M. Lee
(Office of the San Francisco City Attorney)


Facts

Plaintiffs challenged a proposed ballot initiative proposing to ban circumcision for minor males in San Francisco. Plaintiffs claimed that the ballot initiative was preempted by state law prohibiting local governments from regulating medical procedures since circumcision was a widely practiced medical procedure. The ballot initiative made the practice of circumcision a misdemeanor and offered no exemption for religious ritual.

Result

Superior Court Judge Loretta Giorgi ruled that the proposal to ban circumcision for male minors be struck from San Francisco's Nov. ballot. Judge Giorgi agreed with plaintiffs that state law, specifically Business & Professions Code Section 460(b), preempts any local ordinance affecting male circumcision.


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