Tags: Inmate | Sex Change

Judge Orders Sex Change for Mass. Murder Convict

Tuesday, 04 Sep 2012 01:49 PM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

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.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Millions of Fugitives Missed in Gun Background Checks

Thursday, 24 Apr 2014 11:48 AM

Millions of fugitives can buy guns illegally because of negligent police departments across the country, USA Today has r . . .

El Paso Lacking English-Speaking Foster Homes

Thursday, 24 Apr 2014 10:22 AM

A dearth of foster home providers who speak English is posing a problem in El Paso, Texas, where increasing numbers of c . . .

Texas Rep. Jackson Lee Blasts Georgia's New Gun Carry Law

Thursday, 24 Apr 2014 09:51 AM

Texas Democratic Rep. Sheila Jackson Lee has slammed the new law expanding gun carry rights in Georgia passed by the Rep . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved