Tuesday, March 22, 2022

Maryland Acts To Protect Cats' Bodily Integrity. Human Males Will Have to Wait.

by David Balashinsky   

Before I say anything else, let me state for the record that I am a cat-lover and that none of my cats ever has or ever will be declawed.  I have long believed that cat declawing is both inhumane and unethical, which is why I supported efforts to ban this practice in my home state of New York and support banning the practice nationwide.  As a New Yorker, I am proud that my state became the first to institute a statewide ban on cat declawing.  Maryland is now about to become the second state to do so.

Still, I have mixed feelings about these laws.  The reason is that they create a legal protection for cats that, to this day, is denied people like me.  I am referring to human males and to the practice of removing boys' foreskins when not medically indicated, a practice known as nontherapeutic penile circumcision or, simply, "circumcision."  As much as I love cats, it is impossible for me not to view these anti-declawing laws from the vantage point of someone who had part of his body cut off without his consent.  Given that the part of me that was amputated without any rational reason or justification is just as important to me as cats' claws are to them, it is hard not to look at cats now without feeling some envy and resentment.  I feel demeaned by the fact that my cats now have a greater legal right to bodily integrity than I would if I were the same age as they are.

A word about the male prepuce, or foreskin, is in order.  Like cats' claws, the prepuce has evolved and been retained through millions of years of evolution because it serves important physiological functions.  One of these is providing protection for the glans penis in exactly the same way that the clitoral hood, its homologous counterpart in females, provides protection for the glans clitoris.  (Anatomically, both the male foreskin and the female clitoral hood are identified as the prepuce.  Unlike boys, however, in New York, Maryland, and the rest of the United States, girls are allowed to keep theirs.)  In addition, histological studies demonstrate that the male prepuce contains numerous sensory receptors.  These specialized, light-touch mechanoreceptors (known as Meissner's corpuscles), are found in particularly dense concentrations in the body where light-touch sensation is most important, including the finger tips, the lips and, it should come as no surprise, the prepuce.  Several studies have demonstrated that the male prepuce is, in fact, the primary sensory apparatus of the penisAll of the sensation that the prepuce enables an individual to experience is lost forever when this part of his penis is removed.  Moreover, once the glans penis has been permanently deprived of its natural protective covering, the glans, itself, becomes keratinized (dried out and "toughened up"), making it even less sensitive.  In short, the male prepuce is not "excess skin."  It is an integral and essential part of a person's penis.  It is a part of his body that that individual has as much a right to keep as he has to keep any other part of his body.  And it is a part of his body that he has as much a right to keep as cats have to keep their claws.

A word about nontherapeutic penile circumcision is also in order.  Non-therapeutic neonatal penile circumcision (like cat declawing) is always performed without the consent of the one subjected to it.  It always entails the painful removal of a normal, functional and highly erotogenic body part.  And, in virtually all cases, penile circumcision is imposed on a child not because there is a pathological condition that needs to be treated or a congenital deformity that needs to be corrected but, rather, for reasons involving custom, social conformity, convenience, socially-influenced aesthetics about human genitals, specious medical rationalizations and medical profiteering (often at tax-payer expense through Medicaid funding).

Both cat declawing and penile circumcision, then, have a lot in common.  Both entail the removal of a normal, functional body part.  Both entail a surgical removal of healthy tissue without any regard to the wishes of the cat or infant human male who is subjected to it.  Both practices are inhumane, unnecessary, unjustifiable and unethical.  Not surprisingly, because the campaigns to ban both practices are based on the same philosophical and moral principles, many of those who oppose cat declawing also oppose nontherapeutic penile circumcision.  

Also not surprisingly, just as there are parallels between the practices themselves, there are parallels between the movements to eradicate them.  Consider the legislative history of the New York bill banning cat declawing.  Passage of Senate Bill S5532B / Assembly Bill A1303B  did not happen overnight but was the culmination of a long, arduous process that required its sponsors to persevere against the stiff headwinds of an entrenched practice.  The legislation had to overcome the opposition of the New York State Veterinary Medical Society (NYSVMS), which opposed it for perfectly rational and, it could be argued, even humane reasons.  It had to overcome the resistance of legislators who, no doubt, initially scoffed at the notion that this is a matter worthy of the legislature's time.  It had to overcome the opposition of those who believe that cat "owners" have a right to make such medical decisions on behalf of their cats.  And it even had to overcome the opposition of those who profess to love cats and probably do love cats just as much as I do.  It is important to remember, in this regard, that people who subject their cats to declawing are not evil, sadistic monsters who want to harm their cats.  These are people who love their cats but who, for one reason or another, believe declawing to be beneficial, appropriate and ethical.  Thus, it was the combined resistance of societal and institutional acceptance of cat declawing, including, especially, the normalization of it, that the bill's sponsors had to overcome in order to get it passed.

These types of opposition to New York's anti-cat-declawing bill all have parallels in the campaign to eradicate nontherapeutic penile circumcision which, like the campaign to ban cat declawing, also faces stiff institutional and cultural headwinds.  Banning nontherapeutic circumcision is opposed by medical trade associations (whose members profit handsomely from the procedure), such as the American Academy of Pediatrics and The American College of Obstetricians and Gynecologists, both of which have issued statements that implicitly or explicitly endorse nontherapeutic circumcision while conceding that it is not medically necessary.  These position statements include one rationalization after the other that exaggerate the purported benefits of penile circumcision while minimizing or ignoring its incontrovertible harms.  In certain crucial respects, these organizations' position statements on nontherapeutic circumcision are strikingly similar to that of the NYSVMS on cat declawing.

Then there is the reluctance of legislators to take on this issue for a variety of reasons, not least of which is their mistaken belief that a ban on non-therapeutic circumcision would violate the first amendment's guarantee of freedom of religion. Of course, numerous state legislatures have demonstrated no such qualms about banning female genital cutting for religious reasons

Added to this is the persistent cultural view of children as property. Many parents who support nontherapeutic penile circumcision claim that, because their children belong to them, they (the parents) have a right to cut off part of their children's genitals.  This, too, mirrors the view of people who regard companion animals as property, to do with whatever they choose.

Finally, the genital autonomy movement has had to contend with the deep-seated conviction of those who endorse nontherapeutic circumcision that this is not something that one does to a child but for a child.  Those who practice genital cutting of any type - whether of boys, girls or intersex children - sincerely believe that the genital surgery to which they are subjecting their child will benefit that child.  At the very least, they regard it as harmless.  Even when this blithe fantasy collides with the reality that any surgery is traumatic for an infant - especially one performed on one of the most sensitive parts of the body (and, typically, with insufficient or even no anesthetization) - still such parents reason with themselves that, in any event, "the benefits outweigh the risks" ("risks" serving, in this case, as a conceptual stand-in for "harms").  Those who opt to have their sons circumcised thus make a moral calculation that the overall good that results outweighs the potential and even the actual harms of the surgery itself.

Similarly, those who defend cat declawing do so on the principle that it produces an overall good when the alternative is abandonment or euthanasia. These cat-lovers likewise have made a moral calculation that the overall good that results from having their cats declawed outweighs the actual harms of declawing.

In both of these cases, however, it is not the person exercising this surgical option who must live with the consequences of the surgery but the cat or the human infant - and, of course, the man that that infant will one day become, since circumcision is irreversible.  Still, it must be acknowledged that parents who impose their own penile preferences on their sons' bodies are not evil, sadistic monsters who want to harm their sons.  These are parents who love their sons but who, for one reason or another, believe nontherapeutic circumcision to be beneficial, appropriate and ethical.  This is no less true, by the way, of parents who subject their daughters to what is known in our culture as female genital mutilation (FGM).  The parents in these cultures love their daughters just as much as we love our sons.  And when they choose genital cutting for their daughters, they do not do so out of malice, nor do they regard it as "mutilation."  They regard it as beneficial, as something religiously mandated and as something culturally meaningful.  Above all, like parents in our society, they regard it as their right to make this decision on behalf of their daughters.

If the similarities between cat-declawing and non-therapeutic penile circumcision were not  plain enough,  a statement by one of the New York bill's sponsors, Assemblymember Linda B. Rosenthal, which she made when she first introduced her legislation, underscores the point:

There's no reason to do it unless the animal has [an] infection that is never going away, or if there is a cancer or tumor-related issue in the claw.   It's basically done because humans want it done, and I don't think it's our right to mutilate our animals for our own satisfaction.
Exactly the same can be said of nontherapeutic penile circumcision:
There's no reason to do it unless the infant has an infection that is never going away, or if there is a cancer or tumor-related issue in the prepuce.  It's basically done because humans want it done, and I don't think it's our right to mutilate our sons for our own satisfaction. 

All of which leads me to wonder how, in passing these anti-cat-declawing laws, these legislators can exude such compassion, empathy and respect for the bodily integrity of cats while remaining perfectly devoid of any comparable sentiments when it comes to the bodily integrity of human males.  After all, don't we deserve to have the same rights as cats?

Update: Maryland Governor Larry Hogan signed the legislation banning cat-declawing in April of 2022 making Maryland the second state to ban this inhumane practice.   As of now, however, there is no pending legislation in Maryland that would provide children with penises with the same legal protection for their genitals that Maryland now provides for cats' claws.

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David Balashinsky is originally from New York City and now lives near the Finger Lakes region of New York. He is a licensed physical therapist and writes about bodily autonomy and human rights, gender, culture, politics, and sometimes catsHe currently serves on the board of directors for the Genital Autonomy Legal Defense & Education Fund, (GALDEF), the board of directors and advisors for Doctors Opposing Circumcision and the leadership team for Bruchim.
 

 

 

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