Massachusetts judge approves taxpayer-funded sex change for inmate

[X Factor 1,112]

Massachusetts judge approves taxpayer-funded sex change for inmate

A federal judge on Tuesday ordered state prison officials to provide taxpayer-funded sex-reassignment surgery to a transgender inmate serving life in prison for murder.

Michelle Kosilek was born male but has received hormone treatments and now lives as a woman in an all-male prison. Robert Kosilek was convicted of murder in the killing of his wife in 1990.

U.S. District Judge Mark Wolf is believed to be the first federal judge to order prison officials to provide sex-reassignment surgery for a transgender inmate.

Kosilek first sued the Massachusetts Department of Correction 12 years ago. Two years later, Wolf ruled that Kosilek was entitled to treatment for gender-identity disorder but stopped short of ordering surgery. Kosilek sued again in 2005, arguing that the surgery is a medical necessity.

In his ruling Tuesday, Wolf found that surgery is the "only adequate treatment" for Kosilek's "serious medical need."

"The court finds that there is no less intrusive means to correct the prolonged violation of Kosilek's Eighth Amendment right to adequate medical care," Wolf wrote in his 126-page ruling.

Prison officials have repeatedly cited security risks in the case, saying that allowing Kosilek to have the surgery would make him a target for sexual assaults by other inmates.

But Wolf, who was appointed to the federal bench by President Ronald Reagan in 1985, found that the security concerns are "either pretextual or can be dealt with." He said it would be up to prison officials to decide how and where to house Kosilek after the surgery.

Diane Wiffin, a spokeswoman for the prisons department, said the agency would have no immediate comment on the ruling.

"We are reviewing the decision and exploring our appellate options," Wiffin said.

In a telephone interview last year with The Associated Press, Kosilek said the surgery is a medical necessity, not a frivolous desire to change his appearance.

"Everybody has the right to have their health care needs met, whether they are in prison or out on the streets," Kosilek said. "People in the prisons who have bad hearts, hips or knees have surgery to repair those things. My medical needs are no less important or more important than the person in the cell next to me."

Wolf noted in his ruling that the Department of Correction's own medical experts testified that they believe surgery was the only adequate treatment for Kosilek.

The department's ex-commissioner Kathleen Dennehy testified that providing Kosilek the surgery would present insurmountable security concerns, but Wolf said Kosilek had proven that those purported concerns masked the real reason for denying surgery: "a fear of controversy, criticism, ridicule and scorn."

Kosilek's lawsuit has become fodder for radio talk shows and lawmakers who say the state should not be forced to pay for a convicted murderer's sex-change operation -- which can cost up to $20,000 -- especially since many insurance companies reject the surgery as elective.

Inmates in Colorado, California, Idaho and Wisconsin have sued unsuccessfully to try to get the surgery, making similar arguments that denying it violates the U.S. Constitution's protection against cruel and unusual punishment.

Wolf noted that Kosilek's gender-identity disorder has caused Kosilek such anguish that he has tried to castrate himself and twice tried to commit suicide, including once while on Prozac.

Kosilek's lead attorney, Frances Cohen, called the decision courageous and thoughtful.

"We feel very grateful that the judge listened very carefully to the medical experts and has given Michelle Kosilek what the prison doctors had recommended," Cohen said.

http://www.foxnews.com/politics/2012/09/04/massachusetts-judge-approves-taxpayer-funded-sex-change-for-inmate/

[The Nature Boy 4,224]

Massachusetts judge approves taxpayer-funded sex change for inmate

A federal judge on Tuesday ordered state prison officials to provide taxpayer-funded sex-reassignment surgery to a transgender inmate serving life in prison for murder.

Michelle Kosilek was born male but has received hormone treatments and now lives as a woman in an all-male prison. Robert Kosilek was convicted of murder in the killing of his wife in 1990.

U.S. District Judge Mark Wolf is believed to be the first federal judge to order prison officials to provide sex-reassignment surgery for a transgender inmate.

Kosilek first sued the Massachusetts Department of Correction 12 years ago. Two years later, Wolf ruled that Kosilek was entitled to treatment for gender-identity disorder but stopped short of ordering surgery. Kosilek sued again in 2005, arguing that the surgery is a medical necessity.

In his ruling Tuesday, Wolf found that surgery is the "only adequate treatment" for Kosilek's "serious medical need."

"The court finds that there is no less intrusive means to correct the prolonged violation of Kosilek's Eighth Amendment right to adequate medical care," Wolf wrote in his 126-page ruling.

Prison officials have repeatedly cited security risks in the case, saying that allowing Kosilek to have the surgery would make him a target for sexual assaults by other inmates.

But Wolf, who was appointed to the federal bench by President Ronald Reagan in 1985, found that the security concerns are "either pretextual or can be dealt with." He said it would be up to prison officials to decide how and where to house Kosilek after the surgery.

Diane Wiffin, a spokeswoman for the prisons department, said the agency would have no immediate comment on the ruling.

"We are reviewing the decision and exploring our appellate options," Wiffin said.

In a telephone interview last year with The Associated Press, Kosilek said the surgery is a medical necessity, not a frivolous desire to change his appearance.

"Everybody has the right to have their health care needs met, whether they are in prison or out on the streets," Kosilek said. "People in the prisons who have bad hearts, hips or knees have surgery to repair those things. My medical needs are no less important or more important than the person in the cell next to me."

Wolf noted in his ruling that the Department of Correction's own medical experts testified that they believe surgery was the only adequate treatment for Kosilek.

The department's ex-commissioner Kathleen Dennehy testified that providing Kosilek the surgery would present insurmountable security concerns, but Wolf said Kosilek had proven that those purported concerns masked the real reason for denying surgery: "a fear of controversy, criticism, ridicule and scorn."

Kosilek's lawsuit has become fodder for radio talk shows and lawmakers who say the state should not be forced to pay for a convicted murderer's sex-change operation -- which can cost up to $20,000 -- especially since many insurance companies reject the surgery as elective.

Inmates in Colorado, California, Idaho and Wisconsin have sued unsuccessfully to try to get the surgery, making similar arguments that denying it violates the U.S. Constitution's protection against cruel and unusual punishment.

Wolf noted that Kosilek's gender-identity disorder has caused Kosilek such anguish that he has tried to castrate himself and twice tried to commit suicide, including once while on Prozac.

Kosilek's lead attorney, Frances Cohen, called the decision courageous and thoughtful.

"We feel very grateful that the judge listened very carefully to the medical experts and has given Michelle Kosilek what the prison doctors had recommended," Cohen said.

http://www.foxnews.c...nge-for-inmate/

and it just keeps getting weirder and weirder.

[Teddy B 17,252]

In his ruling Tuesday, Wolf found that surgery is the "only adequate treatment" for Kosilek's "serious medical need."

"The court finds that there is no less intrusive means to correct the prolonged violation of Kosilek's Eighth Amendment right to adequate medical care," Wolf wrote in his 126-page ruling.

One question: Is he in danger of dying if he doesn't have this surgery? Answer: No! So it isn't a medical necessity then, is it? This man killed his wife, he does not get special treatment on the taxpayer dime.

Wolf noted that Kosilek's gender-identity disorder has caused Kosilek such anguish that he has tried to castrate himself and twice tried to commit suicide, including once while on Prozac.

This guy needs mental health treatment, not a sex change. Hopefully the state will appeal, get a different judge and put an end to this nonesense.

[mawilson 2,133]

Prison officials have repeatedly cited security risks in the case, saying that allowing Kosilek to have the surgery would make him a target for sexual assaults by other inmates.

Not if they move her to an all-woman prison post-surgery, where she belongs.

[PalestineMyHeart 1,897]

One question: Is he in danger of dying if he doesn't have this surgery? Answer: No! So it isn't a medical necessity then, is it? This man killed his wife, he does not get special treatment on the taxpayer dime.

This guy needs mental health treatment, not a sex change. Hopefully the state will appeal, get a different judge and put an end to this nonesense.

I agree - his problems are above the neck.

[Penny Lane 8,159]

While I personally don't care how people live their lives and if a sex change makes them happy and comfortable in their own skin, I'm all for it. However, I don't believe in someone else footing the bill. Especially if you're a freaking murderer. Ridiculous.

This guy has more issues than a sex change can fix.

Edited September 5, 2012 by Evylin

[mawilson 2,133]

However, I don't believe in someone else footing the bill.

So you don't believe in Obamacare?

[Penny Lane 8,159]

So you don't believe in Obamacare?

Are voluntary sex changes covered by Obamacare? If they are, then no, that's part of it that I don't agree with. It's not like this surgery is medically necessary, then it'd be a different story.

[JohnR! 5,495]

Are voluntary sex changes covered by Obamacare? If they are, then no, that's part of it that I don't agree with. It's not like this surgery is medically necessary, then it'd be a different story.

Well, in that case, it would behoove her to have the sex change before the HCR goes into effect. At this point she can still get it and ditch the bills, so that the rest of us will pay for them. Once Obamacare is in effect in she will not be able to kick the can down to the rest of us who policy holders.

Edited September 5, 2012 by Gegel

[Darnell 8,478]

This is so cool !!! A Long, penetrating battle, finally won.

Doesn't matter that it should never have been considered... But it's over, yay !

IIRC, isn't 20K for gender-reassignment surgery a bit on the cheap side, in the USA ??? Perhaps there's a 'cash discount' or something.

[mawilson 2,133]

Are voluntary sex changes covered by Obamacare?

It's not clear yet, but possibly yes.

[Penny Lane 8,159]

It's not clear yet, but possibly yes.

Well then, I'll wait until it's clear before disagreeing with it.

[JohnR! 5,495]

It's not clear yet, but possibly yes.

In that case, if you are correct, it would be covered by the insurance company and not by taxpayers' money.

The taxpayers would be left with the bill if the person had the operation and didn't pay the bills, as per current law...

[Harsh_77 718]

Both the Judge and Kosilek needs some help.... dang more waste of tax payers money.

[Mr. Big Dog 10,747]

It's not clear yet, but possibly yes.

Why so unsure? Don't be afraid to say it. Obamacare will mandate sex change surgery for every American. Everyone will be mandated to undergo that surgery. Every man will be mandated to become a woman and every woman will be mandated to become a man. That's right, folks. Obama is coming for the family jewels. Don't say you weren't warned.