Few freedoms are more cherished in the United States—and more vigorously surveilled—than the right to religious liberty. For government to discriminate against religious conduct—and make it the subject of heightened government regulation—would run afoul of the constitutional principles at the heart of America’s founding and undermine liberalism’s unequivocal commitment to religious autonomy.
Of course, instances where rogue legislators impermissibly target religious conduct represent the easy cases. The tough cases—the ones that engender heated and often hostile debate—are where government is thrust on the horns of a dilemma between protecting its citizens from harm and limiting its citizens’ religious autonomy. Such is the case with the New York City Board of Health’s controversial decision last month to require mohalim (religious circumcisers) to obtain informed parental consent before performing ritual oral suction on the circumcision wound after completing the procedure.
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