Appeals Court Overturns Ruling Ordering State to Provide Sex-Change Surgery for Inmate

1st-Circuit-CofA

A federal appeals court has overturned a ruling that a transgender Massachusetts prison inmate is entitled to taxpayer-funded sex change surgery.

The First US Circuit Court of Appeals ruling came Tuesday in the case of Michelle Kosilek, who was born as Robert Kosilek and is serving a life sentence for killing her wife, Cheryl Kosilek, in 1990.

In September 2012, US District Court Judge Mark Wolf ordered the treatment for Kosilek, after finding that the surgery was the only adequate treatment for Kosilek’s gender identity disorder.

The appeals court said Tuesday it had been asked to determine whether denying Kosilek the surgery constituted cruel and unusual punishment, which is banned by the Eighth Amendment.

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SOURCE: The Boston Globe
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