Attorneys for the Rights of Child is pleased to report an interim legal victory in a circumcision case.
A Massachusetts state trial court has ruled that MassHealth, the state health agency, is violating state law (Massachusetts G.L. c. 29, § 63) by paying for non-medically necessary infant circumcisions. The same court ruled against the plaintiffs on their claim that MassHealth is also thereby violating federal Medicaid law.
In July 2020, 28 taxpayers brought suit in Massachusetts under the unique state law allowing taxpayers to challenge an imminent unlawful state expenditure. After ruling on the case in March 2021, the Superior Court referred it to the Massachusetts Appeals Court, Civil Action #2021-P-0318. The Plaintiffs are preparing their appellate brief, due on June 30.
The lead plaintiff in the case is Ronald Goldman, Ph.D., Executive Director of the Circumcision Resource Center. The main attorneys in the case are Peter Adler, formerly ARC’s Legal Advisor, and Attorney Andrew DeLaney of New Jersey.
For more details, see this update from Circumcision Resource Center.