With less than two weeks left in the state Legislature’s extended session, Rep. David Eastman, R-Wasilla, introduced a new bill, House Bill 245. With ongoing budget woes and a state recession, it would be reasonable to suppose that the bill would have some fiscal relevance. It would be reasonable if it were anyone but the freshman House member from Wasilla, that is. Instead, HB 245 is a bill to formally criminalize Female Genital Mutilation (FGM), an abhorrent practice of pre-pubescent mutilation that is a lingering cultural holdover in several West African countries but which is widely conflated with the Islamic faith that the majority of those countries practice.
FGM was recently in national news, as a Michigan doctor was exposed for providing the service to a number of regional families, performing unnecessary operations on a number of young girls and perhaps this resurgence in awareness and notoriety spurred Eastman. It’s hard to imagine that there was much in-state pressure to address the phenomenon at any rate, as just 0.5 percent of Alaska’s population are Muslim, and there were not enough people with ancestry in any African nation to even register as an ancestry group in our state census. It’s curious then that this seemed an appropriate use of the extended session.
Most of HB 245 seeks purely to add FGM (specifically when performed on a female under 18 years of age) to the long list of other criminal acts classified in our statutes. It is at face value something of a slam dunk in that no credible, rational person in our society advocates for FGM or would argue its place among other felony charges, but there’s unique baggage that comes with this proposed legislation centered on the female reproductive anatomy due to its sponsor, a man who is still in the midst of an ongoing controversy regarding his public statements regarding abortion, state-sponsored health care and the rural (read: Native) women of Alaska. In light of his recent strident anti-choice statements, it is reasonable to examine this new bill and what other intent he might have in filing it.
HB 245 defines FGM in two ways. The first is “circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of a female.” This addresses the varied methods used in FGM. The second definition reads “surgically altering normal, healthy, and functioning genital tissue of a female.” This is potentially problematic because of the vague use of “surgical alteration.” For instance, one safe and common procedure in women’s health is a D&C (dilation &curettage). This is a technique that is used following an early miscarriage but is also used in abortion. A D&C dilates the woman’s cervix and uterine tissue is removed. It is highly concerning that this would potentially qualify as a surgical alteration of normal or functioning genital tissue.
Another consideration is the growing acceptance of gender confirmation surgery for trans individuals. The mental and emotional distress of feeling forced to live in the wrong body has been attested to in numerous studies and through the public advocacy of trans activists. Recent data from the Netherlands suggests that for boys and girls who feel strong gender dysphoria, earlier acknowledgment and support in hormonal treatment during adolescence resulted in a higher quality of life and a reduction of depression and dysphoria. It is troubling to imagine a young trans man facing life in a body that does not conform to his gender identity because we have codified felony charges for his parents or doctor if they seek to assist him.
Alaska Statute 11.41.220 and AS 11.41.255 both cover the physical harm or disfigurement of minors under the age of 18 and notably do not discriminate based on the sex of the victim. This bill is redundant as its victims already have legal recourse and prosecution has statutory basis to charge the perpetrators. As FGM is widely conflated with Islam, it is likely a shot across the religious bow as Eastman is extremely public about his Christian beliefs. The wording and his recent behavior raise the possibility of more sinister motives, however, and I hope that this bill will gain no traction in the legislative process.
• Kirsa Hughes-Skandijs is a Research Analyst at the Department of Labor who took a Bachelor of Arts degree in Biology at the University of Alaska Southeast. Hughes-Skandijs is originally from Hamlin, West Virginia, but has lived in Juneau on and off since 2004.
