Wonderful news for inmates in Massachusetts. No, really....

[broncoballer32]

www.boston.com/news/local/massachusetts/2014/01/17/mass-appeals-court-upholds-inmate-right-sex-change-surgery/22b7dO1vPQKnrJNjP6kLRN/story.html



A federal appeals court in Boston today upheld a judge’s ruling that a transsexual inmate convicted of murder is entitled to a taxpayer-funded sex change operation as treatment for her severe gender identity disorder.

In a ruling that was a first of its kind, a three-judge panel of the US Court of Appeals for the First Circuit said courts must not shy away from enforcing the rights of all people, including prisoners. “And receiving medically necessary treatment is one of those rights, even if that treatment strikes some as odd or unorthodox,” the court said.

“Having carefully considered the relevant law and the extensive factual record, we affirm the judgment of the district court,” the court said in a 2-1 ruling, which could still be appealed to the full appeals court or to the US Supreme Court.

The ruling came in the case of convicted wife killer Michelle L. Kosilek. Formerly named Robert Kosilek, she struggled for years with feelings that she was a woman inside a man’s body. Kosilek’s wife, Cheryl, thought she could cure Kosilek, the court said. But Kosilek strangled her in Mansfield in 1990 and dumped her body in a car at a mall in North Attleborough.

[workpublic]

Kosilek’s wife, Cheryl, thought she could cure Kosilek, the court said. But Kosilek strangled her in Mansfield in 1990 and dumped her body in a car at a mall in North Attleborough.

oh so that's why it's "medically necessary"

we are all done as a society, imho.

where are the bleeding hearts, the GLBT organizations? can't they come up with a sex change for prisoners fund? why does it always have to be the taxpayers?

[Tennesseer]

Jan 21, 2014 11:26:37 GMT -5 workpublic said:

Kosilek’s wife, Cheryl, thought she could cure Kosilek, the court said. But Kosilek strangled her in Mansfield in 1990 and dumped her body in a car at a mall in North Attleborough.

oh so that's why it's "medically necessary"

we are all done as a society, imho.

where are the bleeding hearts, the GLBT organizations? can't they come up with a sex change for prisoners fund? why does it always have to be the taxpayers?

Seriously.       LGBT folks are tax payers too.

Fear not bronco and WP-you two will survive this.

[The Captain]

Just curious, does this mean s/he will now have to be transferred to a women's prision? 

I mean, what if hi/ers future bunkmate doesn't want her rights trampled by having to bunk with a genetic male?

[Lizard King]

You raise an interesting point, captain.

A gender-reassigned female in an all-male correctional facility is almost certainly under unconstitutional threat (that being said, I understand she has been living as a woman in the prison for twenty years).

On the other hand, the female cellmate of a convicted wife-killer with gender dysmorphic issues may well have an equally legitimate claim of 'cruel and unusual punishment.'

Honestly, if we'll tolerate sitting people on Death Row for years to contemplate their own end - which can't be a healthy mindspace to occupy - I don't see how taking surgical steps to address the psychological problems of a convicted killer is 'medically necessary.'

Prisons are full of people who are mentally ill; incarceration is itself in many cases a proximate cause of their mental illness. I can accept that the rehabilitative function of the prison system mandates therapy for the condition, and I understand in this instance the medical opinion was that surgery would be therapeutic (the inmate has attempted self-castration in the past). But Michelle is serving a life sentence without the possibility of parole. She isn't being rehabilitated; she is being reassigned. Which suits her, and probably the hierarchy at Norfolk - but that doesn't create a right to this treatment.

Moreover, neither Medicare nor Medicaid would cover the costs of gender reassignment surgery for Michelle if she hadn't murdered her wife and was now a free transgender citizen. It seems bizarre to argue her Eighth Amendment rights are violated if she doesn't receive special treatment amounting to a reward for uxoricide - a nice touch making Cheryl Kosilek's grieving relatives in the state of Massachusetts partially responsible for footing the bill, too.

[zibazinski]

No kidding. It's a sick society that makes the victims pay again and again and again. Now the relatives of the guy who finally was executed somewhat unpleasantly are trying to sue. What the hell? No pity for victim but money for perp's family. Instead of being shamed and hiding or changing name, they freakin sue?

[workpublic]

tenn,

where is the medical necessity? will he die if he isn't turned into a woman?

struggled for years with feelings that she was a woman inside a man’s body

how do we prove/justify that? therefore making a sex change operation a "medical necessity"

I mean, what if hi/ers future bunkmate doesn't want her rights trampled by having to bunk with a genetic male?

tough titties(pun intended)

[workpublic]

kinda looks like a P.O.ed gloria steinem

[Tennesseer]

Jan 21, 2014 15:33:19 GMT -5 workpublic said:

tenn,

where is the medical necessity? will he die if he isn't turned into a woman?

struggled for years with feelings that she was a woman inside a man’s body

how do we prove/justify that? therefore making a sex change operation a "medical necessity"

I mean, what if hi/ers future bunkmate doesn't want her rights trampled by having to bunk with a genetic male?

tough titties(pun intended)

I don't know where the medical necessity is.  I wasn't at any of the court hearings.  I doubt any of us were.  If someone was, please post.

But I do know the country will survive this.

[grits]

Either way, it sure is going to be one ugly woman.

[Malarky]

As a Massachusetts taxpayer I am beyond pissed about this. I could care less that he's unhappy. Anyone on the outside would have to pay for their own surgery.

If his appendix is ready to burst, by all means, treat him.  Having to pay for his elective surgery is just wrong!

ETA:  I'd be a lot happier if I got half my ass surgically removed.  I'd feel so much more comfortable with my body.  No one but me should have to pay for that. 

[cereb]

Jan 21, 2014 20:18:30 GMT -5 Malarky said:

As a Massachusetts taxpayer I am beyond pissed about this. I could care less that he's unhappy. Anyone on the outside would have to pay for their own surgery.

If his appendix is ready to burst, by all means, treat him.  Having to pay for his elective surgery is just wrong!

ETA:  I'd be a lot happier if I got half my ass surgically removed.  I'd feel so much more comfortable with my body.  No one but me should have to pay for that. 

I completely agree. Except about the 1/2 ass part. Mine appears to be just fine thanks.

[cereb]

I am so trying to be good here...it's tough!

[grits]

I have always felt inside that I was really a member of the idle rich but the courts won't find in my favor.

[cereb]

Jan 21, 2014 20:41:23 GMT -5 grits said:

I have always felt inside that I was really a member of the idle rich but the courts won't find in my favor.

LOL! Awesome!

[flopsy]

Disgusting. Let him cut off his own weenie and save tax payer dollars.

[cereb]

Jan 21, 2014 20:50:48 GMT -5 flopsy said:

Disgusting. Let him cut off his own weenie and save tax payer dollars.

He/she already tried that once.

[grits]

Jan 21, 2014 20:50:48 GMT -5 flopsy said:

Disgusting. Let him cut off his own weenie and save tax payer dollars.

 flopsy you demon possessed bunny!

[flopsy]

Jan 21, 2014 20:54:04 GMT -5 cereb said:

Jan 21, 2014 20:50:48 GMT -5 flopsy said:

Disgusting. Let him cut off his own weenie and save tax payer dollars.

He/she already tried that once.

Tried but obviously didn't succeed. Try and try again.

[whoisjohngalt]

There are some threads I should just not read........

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

Why did the story refer to him as "she"? He is still a dude.

“And receiving medically necessary treatment is one of those rights, even if that treatment strikes some as odd or unorthodox,” the court said.

This is ridiculous. Why should the taxpayers have to fund an unnecessary cosmetic surgery for an inmate? Especially this - it's the farthest thing from "medically necessary treatment".

It should be laughed out of the courts.

[Virgil Showlion]

Jan 21, 2014 15:28:08 GMT -5 Lizard King said:

...convicted wife-killer with gender dysmorphic issues...

"raging nutcase" is 67% fewer words.

[Peace Of Mind]

If he had the sex change before he went bat shit crazy and killed his wife and was incarcerated and was on hormones - maybe - MAYBE I could see him needing the meds for his gender change already implemented.  But this seems to be elective and not life or death.  Nor will any of the inmates be at risk of his murderous issues since I highly doubt any of them would want to "change" him like his wife did. 

where are the bleeding hearts

I've been called that a time or two and I'm not paying for it either - if I had a choice.  I think Cheryl's family should get the opportunity to assist him. 

[billisonboard]

Jan 21, 2014 23:32:52 GMT -5 ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ said:

Why did the story refer to him as "she"? He is still a dude.
...

Under Globe policy, Kosilek is being referred to as a woman because that is the gender with which she identifies. www.boston.com/news/local/massachusetts/2014/01/17/mass-appeals-court-upholds-inmate-right-sex-change-surgery/22b7dO1vPQKnrJNjP6kLRN/story.html

[Lizard King]

Oh, billis, you ol' poker-face you.

For some reason I always append a  smiley to your posts even when you don't bother to include it.

And that's more of a compliment than it might seem.

[billisonboard]

Let there be music

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

bills, Steven Tyler is a "Dude Looks Like a Lady" - a much older lady today than this pic: