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Judge orders Mass. to pay for inmate’s sex-change surgery

In the first decision of its kind, a federal judge has ordered state officials to provide a taxpayer-funded sex-change for a transsexual prisoner, after finding that the treatment is the only adequate care for the inmate’s gender identity disorder.

District Court Chief Judge Mark L. Wolf said that the treatment for Michelle Kosilek, convicted of murder, had been prescribed by Department of Correction doctors. He said the only arguments for denying it were based on social bias against that type of surgery.

Comments

Silly me but I think you should lose your rights when you murder another human being. Let part of "Michelle's" penalty for strangling his wife be not having the surgery that he could have had as a free individual. It's amazing to me how our courts seem to go out of their way to protect those who prey on lawful citizens. And Mark Wolf's a good judge too!

I don't think it matters why he's in prison. If he had cancer, we wouldn't say he's a murderer so let the cancer have its way with him.

The only question that should be considered is whether the operation is medically necessary. I tend to think it's not, but I wasn't in the courtroom and didn't hear any of the testimony, so what do I know? Nothing. I have to trust the opinion of the judge. That's why we have judges, and often their decisions aren't popular.

 

I just don't see the medical necessity, so I am somewhat more surprised that DOC doctors have prescribed this treatment than I am that a judge would take their advice. I have to wonder just how far up the appellate process this could go, since this is now a Federal matter. I guess the corollary question would be, is the surgery cheaper or is it worth the cost of an extended judicial action?

This is disgraceful. Sex change surgery is not a life-saving surgery or a medical necessity. With all that we tax payers are asked to support, this should not be one more thing.

Appeal now

I must say, I am a progressive to the enth degree, and I have a HUGE problem with this.  If this sad excuse for a human did not MURDER his wife then maybe I would have some empathy.  But we are talking about a KILLER of a woman having the benefit of this surgery that I am sure other law abiding people who have problems with gender idenity but cannot pay for help and therefore do not get it.  This guy is a FELON.  Judge Wolfe, a very very good justice, what WERE you thinking?  This is disgusting that we are paying for surgery which if he did not have it would not extend or decrease his life one bit.  

The man is a murderer.  So of course Scott Brown makes an obivously nasty judician decision political to work to his advantage.  Believe me there are PLENTY of liberals out there including me who are sickened by the judge's verdict.  This is patently absurd and YES I DO loathe MY taxpayer dollar going to this fellon for a medical procedure IF not done would not result in the murderer's demise.  This is IDIOTIC to say the least.  

I understand the ruling, but I disagree with the premise. Why should society care what his "self-identity" is? He's a murderer, identified and convicted. I'm sorry he's not happy, but get him out of his dress, and start calling him Michael. He'll get used to it. There is no life threatening situation, merely his happiness. Frankly, as a murderer, I'm not really concerned if he's happy.

The welfare state gone mad. 

Judge makes decision beyond Stupid!

The inmates are running the asylum. Where does this fit into the "war on women" meme? Is it a war on women to not pay for a man who wants to be a woman surgery to become a woman even if he killed a woman? And most importantly, who will pay for his birth control??

I am appalled that Judge Wolf would make such a decision.  This weirdo is a convicted murderer and should not be allowed this unnecessary surgery.  This is not a bias issue.  This is a psychological issue and my tax dollars should not be paying for this.  He took a life and it would be a favor to the taxpayers if he took his own.   Judge Wolf should be ashamed of himself for wasting our dollars on this as it is a choice and not medically necessary.  I am disgusted!!!!

Ithink our tax money could be better spent.

Another example of the inmates running the asylum a/k/a prison and court. My suggestion would be to have the judge take him/her home with him and let him/her live with him and his family he has so much compassion for Michael/Michelle....why not have the judge foot the bill for the surgery? Once a person is a convicted felon they lose all their rights...don't they? Or is it just us taxpayers who once again are the losers? What a state....Can't wait for the controversy from the female inmates when Michele is transferred to Framingham! Who will play him/her in the upcoming movie? Stay tuned, it "ain't" over and there "ain't" no fat lady singing, only us taxpayers singing the blues once again...

Don't innocent, law-abiding people die everyday because they don't receive adequate medical attention? How does someone like this receive medical intervention that is not necessary!

Replies

Exactly.  And I think we need to start electing judges.  

I was just wondering if you are for or against universal healt care?

A rare miss by Judge Mark Wolf. I can think of so many other ways to "treat" prisoner Kosilek.

From the ridiculous to the absurd. Will we have to pay to change him back to a male if he changes his mind?

I don't understand these judges.  I'm done with liberals because they are simply too much now.  

Replies

I beg your pardon.  This judge was appointed by that stalwart conservative hero, Ronald Reagan.

Please read the article. It would help you not make ignorant statements. Guess who appointed this judge? St. Ronald of california.

"In his ruling Tuesday, Wolf said that the department was acting “deliberately indifferent” in failing to provide the surgery now that Kosilek has continued to suffer “intense mental anguish,” a violation of his rights against cruel and unusual punishment." What about the "intense mental anguish" felt by Kosilek's wife as she was being strangled? Or that of the wife's family who have been emotionally scarred for life? Or the cruel and unusual punishment of the act of strangling someone. I have no doubt that a gender identity issue should be considered a serious medical issue. It does cause intense mental anguish in those afflicted and I have empathy for those who suffer from this. The fact that a convicted murderer would suffer intense mental anguish should be of no consequence to a society. I'd rather have my tax dollars go towards the therapy of the family, than to the animal that killed their daughter/sister. But hey, who gives a crap about victims!

totally wrong. period. Wolf could have written the opposite decision if he chose to.  this was done due to his personal feelings and not that of a professional judge.

it may be medically necessary (although that seems highly debatable) but in my mind you lose your rights when you are a convicted killer. 

Now can we start electing judges?...The two scariest words in the English language..."judicial discretion."

Will the names of the physicians who perform the surgery be "public" information, or do they have the right of privacy in this matter?  The public has a right to know their names; afterall, we normally hear of physicians who perform landmark surgery such as face transplants, and that is part of the private domain, not paid for with our tax dollars.  What about the names of the Department of Correction doctors?  My heart goes out to the victim's family (and the victim, RIP) -- whether this is a legal decision or not, this has to be causing them distress beyond belief, and makes a mockery of the justice system. 

This all could have been solved with the death penalty (like he gave his wife). Then there would be no cruel and unnecessary treatment. And hey, us taxpayers would have enjoyed free laser hair removal and such to help with our self esteem...but alas the world is only free for murderers. 

Thanks, 97bravo. An avowed liberal, I expect anti-liberal rants, so I am relieved to know that District Court Chief Judge Mark L. Wolf was appointed by Reagan.

My issue isn't whether the judge feels the surgery is necessary.  It is that it is not a life threatening condition.  No person on the outside desiring gender reassignment surgery can just demand it.  Chaz Bono hasn't had it yet & says he is "saving up" for it.  Why should the murderer receive BETTER medical treatment than those on the outside?