Jewish Community Relations Council v. John Arntz, in his official capacity as Director of Elections

Jul 28, 2011

OUTCOME: Motion Granted: Judge Loretta Giorgi ruled that the measure is pre-empted by a state law concerning medical procedures, and therefore the measure was to be removed from the November 8, 2011 ballot.

A preempted and invalid ordinance criminalizing male circumcisions was to be placed on San Francisco’s November 8, 2011 election ballot. California law denies its localities the power to “proh ... ibit a healing arts professional licensed with the state . . . from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that license.” (Bus. & Prof. Code § 460(b).) As male circumcision is a medically recognized procedure, San Francisco has no power to enact an ordinance barring circumcisions. The proposed ban would have punished people who circumcise a minor with a fine of up to $1,000 or up to a year in jail.