1996 Federal Prohibition of FGM Act in 1996
Congress passed a bill amending the federal criminal code to make FGM/C a federal criminal offense when performed on minors. The bill directed the Secretary of Health and Human Services to compile data on how many women in the US are affected by FGM/C, identify and provide educational outreach to practicing communities, and develop recommendations for
education around FGM/C in medical schools. 2013 Transport for FGM Act In 2013, Congress passed the Transport for Female Genital Mutilation Act, which amended the 1996 law to make it a crime to transport a girl out of the US for the purpose of FGM/C. This practice is commonly known as “vacation cutting,” and is an important consideration in legislation around FGM/C.
2017 U.S. vs. Nagarwala
U.S. v. Nagarwala, brought to the U.S. District Court for the Eastern District of Michigan, was the first case brought under the 1996 federal law. Two US-licensed doctors and four mothers were charged with performing or enabling FGM/C on nine girls under the age of 18. On November 20, 2018, Judge Bernard A. Friedman ruled that the 1996 law did not derive its authority from Congress’s enumerated powers, making the law unconstitutional. At the time of the case, only 27 states had specific laws against FGM/C. The ruling in Nagarwala spurred state action, and 14 states subsequently passed laws against FGM/C to fill the gap left by the federal law. Today, 41 states have laws against FGM/C; Connecticut is one of the
remaining 9 that does not.
2020 STOP FGM Act
In 2020, Congress passed the Strengthening the Opposition to FGM Act. The new law specifically notes Congress’ belief that the court in U.S. v. Nagarwala erred in declaring the 1996 law unconstitutional, and added a connection between FGM/C and interstate or foreign commerce to fall under Congress’s authority given by the Commerce Clause of the Constitution. The law also increased the maximum prison term for performing FGM/C and broadened the scope of FGM/C-related conduct. State laws still fill gaps left by federal laws. Comprehensive state legislation provides education and outreach on FGM/C to local communities and professionals likely to encounter cases, bans taking a child outside of the state to undergo FGM/C, and gives survivors the opportunity to stand up for themselves in a court of law. A state law gives state prosecutors more leeway in the event the Dept of Justice cannot or will not prosecute.
2021 U.S. vs. Badri
U.S. v. Badri was the first federal case brought under the STOP FGM Act of 2020. It is also the first federal prosecution of vacation cutting, or transporting someone outside to a foreign country of the US for the purpose of FGM/C. In early 2024, the case was dismissed and will not continue to trial.