FISHBECK v. STATE OF NORTH DAKOTA

No. 96-4038.

115 F.3d 580 (1997)

Donna FISHBECK, Individually, and as Mother and Natural Guardian of her Infant Son, Jonathan Fishbeck; Jody McLaughlin; and Duane Voskuil, Ph.D., Appellants, v. STATE OF NORTH DAKOTA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1997.


Attorney(s) appearing for the Case

Zenas Baer, Hawley, MN, argued, for appellants.

Douglas A. Bahr, Assistant Attorney General, Bismarck, ND, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.


RICHARD S. ARNOLD, Chief Judge.

North Dakota has a statute that makes so-called "female circumcision," perhaps better described as female genital mutilation, a crime. N.D.Cent.Code § 12.1-36-01. Circumcision of males, however, is not prohibited. The three plaintiffs in this case contend that the State is in violation of the Equal Protection Clause of the Fourteenth Amendment on account of this distinction.

The plaintiffs are Donna Fishbeck, Jody McLaughlin...

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