Do you agree with the judge that sugery must be provided as medical necessity?
BOSTON (AP) -- A federal judge on Tuesday ordered state prison officials to provide a taxpayer-funded sex-reassignment surgery to a transgender inmate serving life in prison for murder.
U.S. District Judge Mark Wolf ruled in the case of Michelle Kosilek, who was born as a man but has received hormone treatments and lives as a woman in an all-male prison. Robert Kosilek was convicted of murder in the killing of his wife in 1990.
Wolf is believed to be the first federal judge to order prison officials to provide the 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 her to have the surgery would make her a target for sexual assaults by other inmates.
But Wolf found that the DOC's security concerns are "either pretextual or can be dealt with by the DOC." He said it is up to prison officials to decide how and where to house Kosilek after the surgery.
Read more: Mass. judge OKs sex change for inmate - Boston News, Weather, Sports | FOX 25 | MyFoxBoston
Mom to Lee, Jake, Brandon, Rocco
Stepmom to Ryan, Regan, Braden, Baley
Granddaughters Kylie 10/18/2010 & Aleya 4/22/2013
I never consider a difference of opinion in politics, in religion, in philosopy, as a cause for withdrawing from a friend. --Thomas Jefferson
This is a messed up ruling. I do NOT think it's a serious medical need. Medical needs in prison for murder to me are for like, controlling diabetes, blood pressure, heart related problems, and the like. That man killed his wife. I don't care what kind of gender id problem he has, he can sit in his cell all alone til he dies with that disorder. There are good, non murdering and non criminal people who don't get normal health care needs met. Give me a break.
What about schizophrenia, or bipolar disorder, or depression? Would you treat those or just let the inmate rot in jail?
To be clear, I'm not sure about the ruling because I'm not knowlegeable enough on the subject to say whether or not gender reassignment surgery is considered a medical neccessity in someone diagnosed with gender identity disorder. If there are other treatments that are proven to be equally effective, then I could be convinced that this was a bad call on the part of the judge.
But I do think that mental disorders are a bit more complicated than high blood pressure or diabetes, and if a prison approved doctor ordered the surgery as a best treatment option, then that holds weight with me, just as I would trust a doctor that ordered a gull bladder removal, or whatever. If their doctor thinks it's medically necessary, I'm not sure who I am to disagree.
You know, when it comes to someone who killed another human life, I really don't care that much about his quality of life. This person has lived with his pieces and parts for ever how long and suddenly because he's in prison thinks it's the time? Again, I don't care and I don't see why it's a medical necessity to have a wah wah now. Waste of money on a thug when good people are out there and the tax payer money could be better spent. Again, gotta love our health care and govt spending.
I think my main objection is that the procedure is essentially an elective surgery.
He feels he is a woman. Ok fine. But, why is the expensive surgery necessary?? Nice, sure, but it isn't medically necessary. Would they just to the genital portion or the breast augment as well? I just have a hard time justifying the cost from the taxpayers purse, when it isn't truly a medical need. Diabetes med, blood pressure meds, anti-psychotic meds are all necessary. But, I don't think plastic surgery is.