A San Francisco judge has issued a temporary order that would remove the circumcision ban from the city's ballot in the November election. The San Francisco Chronicle reports:
San Francisco Superior Court Judge Loretta Giorgi on Wednesday issued a tentative ruling saying the ballot measure to ban circumcision must be withdrawn, calling it "expressly preempted" by state law.
Though a lack of religious freedom exemption is a clear reason to question the validity of the measure, the state law Judge Giorgi references in her decision has a different concern.
The statute speaks directly to the issue of local regulation of medical procedures and leaves no room for localities to regulate in this area. In fact, the legislative history of §460(b) confirms that the legislature intended to prevent cities and counties from regulating medical services which is a matter statewide concern. Because the proposed ballot initiative attempts to regulate a medical procedure, the proposed ordinance is expressly preempted.
The order is temporary pending a hearing.
