Federal judge grants Massachusetts murderer a sex change
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September 18, 2012
Boston, Massachusetts: Judge Mark Wolf, of the U.S. District Court for the District of Massachusetts has granted inmate Michelle Kosilek a taxpayer-funded sex change surgery. Wolf wrote in his ruling on September 4, 2012 that "there is no less intrusive means to correct the prolonged violation of Kosilek's Eighth Amendment right to adequate medical care."[1]
Kosilek sued in 2000 and 2005 on grounds the State of Massachusetts violated her constitutional rights. Attorneys for the Massachusetts Attorney General felt that the after-effects of the surgery could cause security problems. They said that the surgery would make Kosilek target for sexual assault in the all-male prison. Wolf noted that the Department of Correction's medical officers testified that the surgery was the only adequate treatment.[2][1]
Kosilek was born a man, but has taken hormone treatments and currently lives as a woman. Formerly known as Robert, she was convicted of murdering Cheryl Kosilek, her wife, in 1990. She is serving a life term.[1]
Wolf later ruled that Kosilek, since she won the case, is eligible for attorney's fees.[3]
Footnotes
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