Metzizah Be’Peh: Public Health Ethics and an Attempt to Regulate Religious Circumcision

Abstract

In 2012, New York City passed a health code provision requiring that religious Jewish circumcisers, Mohelim, keep on file a signed parental consent that explains the position of the New York City Department of Health and Mental Hygiene (“the department”) concerning risks of Metzizah be’Peh “with direct oral suction” (MBP). In MPB, the Mohel, a religious practitioner, very briefly places his mouth with wine on the wound to suck away a small amount of blood. The department claims this activity is responsible for a small number of cases of herpes simplex virus (HSV) in infants. This article reviews the department’s claims, as well as the claims of its challengers, and applies five secular public health ethical constructs to the department’s actions. After the analysis, the article concludes that the department has not made an ethical case to impose regulations on this religious practice.