A federal Judge orders a taxpayer funded sex change for Robert/Michelle Kosilek, who was born a man but has received hormone treatments and lives as a woman in an all male prison, he 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 today, Wolf found that surgery is the “only adequate treatment” for Kosilek’s “serious medical need.
Really needing your penis changed to a vagina is now suddenly a serious medical need, seriously????
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.
So like it or not, we will pay for this man to have a sex change operation.
Kosilek’s lawsuit has become fodder for radio talk shows and Massachusetts 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.
House Republican Leader Bradley Jones said it is difficult for him to believe that a sex-change procedure is medically necessary.
“It’s one thing to say, ’I have cancer and am in need of treatment,’” said Jones. “It seems to be more medically desirable than a necessity.” He also worried that the decision could open up a “Pandora’s box” of requests for medical procedures from other inmates.
Sen. Scott Brown, filed legislation to ban the use of taxpayer funds to pay for the surgery for prison inmates. The amendment did not make it into law.
Brown, now in the U.S. Senate, said Tuesday that the surgery would be “an outrageous abuse of taxpayer dollars.”
“We have many big challenges facing us as a nation, but nowhere among those issues would I include providing sex change surgery to convicted murderers,” Brown said in a statement. “I look forward to common sense prevailing and the ruling being overturned.”
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.
Kosilek has tried to castrate himself and tried to commit suicide twice, now that would be a cheaper way to take care of his problem..