The public is certainly justified in feeling outraged that a convicted murderer might get a sex-change operation at taxpayer expense, while private insurers are free to deny coverage to law-abiding citizens who seek such surgery. Basic fairness suggests that prisoners shouldn’t get better care than law-abiding citizens — but the sad reality is that they do all the time. Prisoners are covered; more than 15 percent of the national population is not.
But federal Judge Mark Wolf’s painstakingly argued decision makes a persuasive case that, under the law, the prisoner now known as Michelle Kosilek is entitled to the surgery because it is medically necessary, not an elective procedure. Any backlash, as understandable as it may be, should be directed instead at the vast inequities in the health care system — and at the lack of clear standards about how far states must go in providing health services to prisoners.
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What's even more distasteful, is the Globe's support for it. Cheryl Kosilek is all but forgotten. Once again, liberals show how much they love criminals.
This is nuts, so to speak. When will it end?
Your screen name "incredible" says it all. Honestly. There is no "justification" for this; even the "legality" of it does not justify it. Why do prisoners receive three square meals a day? That is baseline. Gender reassignment is not baseline. The editorial doesn't even mention the murder victim's name in the editorial (it is Cheryl), it refers to her as "the wife." Speaks volumes for where the Globe stands in terms of putting the rights of a murderer before a murder conviction, the victim, or her loved ones. A scam job well done by a murderer. Hopefully, the federal appeals court will not uphold this decision. If it does, then sit and wait for all of the lawsuits to surface by other prisoners. What's next? When will it end? If the decision is upheld, there is no end.
yogafriend: I agree with you.
The editorial writer is absolutely wrong in understanding Judge Wolf's order. Judge Wolf has decided that it is a violation of Michelle's Eighth Amendment right to be deprived of a state funded sex reassignment operation. The Eighth Amendment does not just apply to prisoners, it applies to all of us. Therefore, any citizen who wished a sex reassignment operation must be provided one by the Commonwealth free of charge. There was a blog relative to this in the Quincy Patriot Ledger last week that discussed the issue in a much more compelling manner.
What happened to his wife's rights? Shame on you Boston Globe. We have murdered mother, and you support this killer?
The Globe left out that this victim was almost decapitated by this murderer. Nice to know that the globe failed to mention the the victims family is fighting this.
The state may owe this man mental health treatment, but not a sex change operation. There is no cancer, no physical disease incapacitating him. Gender identity disorder is mental, not physical. He doesn't have a disease. He doesn't have appendages that don't work. He just doesn't feel good about himself. He's despondent. Too damn bad. We don't owe him one happy moment. His wife will never have one.
Prisoners in MA now have their right to a pursuit of happiness while incarcerated.
Not justified at taxpayer's expense. This will lead to many lawsuits and addition expenses in many areas if not overturned.