Appeals Court Ruling: Taxpayers On Hook For Sex Change, Guess For Who

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January 21, 2014 4:48pm PST

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It’s no secret that Massachusetts is one of the more liberal states in the nation, going blue in just about every presidential election and enacting laws that are in line with the left’s agenda, well you won’t believe what has just recently happened in the Appeals courts there.

Michelle Kosilek, formerly Robert Kosilek,  was convicted of murdering his wife in 1992. He strangled her to death in Mansfield then dumped her body in nearby North Attleborough.

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She started her fight with prison officials shortly after being sentenced for her crimes and has since filed 2 suits against the prison system, losing the first one. She has since argued that a sex change operation is a “medical necessity” due to her gender identity disorder and has been fighting for it to be paid for by taxpayers since she’s in state custody.

In 2012 she won a milestone in her battle when District Court Judge Mark Wolf ruled in her favor, stating that she does in fact have a right to the surgery since it’s the only possible remedy to her condition. He argued that denying her the surgery would be a violation of her 8th Amendment rights since it bars the use of “cruel and unusual” punishment and guarantees that prisoners will be given the appropriate medical treatment while in custody.

In a first of its kind decision, the US Court of Appeals upheld a lower courts ruling that Kosilek has a right to the sex change operation, finding that Wolf’s decision was “well-placed to make the factual findings he made, and there is certainly evidentiary support for those findings. Those findings — that Kosilek has a serious medical need for the surgery, and that the DOC [Department of Correction] refuses to meet that need for pretextual reasons unsupported by legitimate penological considerations — mean that the DOC has violated Kosilek’s Eighth Amendment rights. The court did not err in granting Kosilek the injunctive relief she sought.”

Of the 3 judges there was one who dissented, however, Judge John Torruella stated he thought Wolf’s decision went too far and that denying the surgery wouldn’t be a violation of Kosilek’s rights since he didn’t believe the surgery to be medically necessary. He believes that only in denying care that would make her situation “unconscionable” and her quality of life “below society’s minimum standards” would her 8th Amendment rights be violated.

There’s no actual word on whether or not the surgery will take place even though it was ordered to be done since Governor Patrick Duvall’s administration is appealing the verdict.

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