You don't need to post all that...the question was if they discriminate based on sex...simple...
Well... right. But that's an open question, isn't it?
Because discrimination gets very difficult to nail down when we're discussing unlike situations.
For instance - many people talk about the "gender pay gap" in two different ways.
1. Two people doing the same job should get paid the same; or
2. Two people with differing amounts of relevant experience likely should be paid differently.
So when we see women making $0.82 on the dollar when compared to their male counterparts, it looks like discrimination.
Then
some people argue "well, of course, because we also have to take into account the number of women who have left the workforce to have children/raise families, and then came back - they're missing potentially
years of relevant experience."
That's a long and involved conversation itself, but it's a conversation that isn't rooted in insanity or anything, and adjusting
just for the issue seems like it might be a relevant part of the discussion.
Same here -
if we accept that the two procedures are identical in all relevant ways, yes - genital mutilation laws discriminate (in many people's eyes unreasonably so) based on type of genitals (whether they also discriminate based on sex or gender depends on country and legal system, really, and how the law is written.)
But if there's a relevant difference, then it isn't discrimination at all, it's potentially just applying the same standards to two different things.