Should State Pay for Sex Changes for Inmates?
A federal judge's ruling Tuesday on a Massachusetts case is believed to be the first of its kind.
A convicted murderer will receive a state-funded sex-reassignment surgery because a federal judge has ruled it is the only way to treat her "serious medical need."
Massachusetts state prison officials must provide the surgery to Michelle Kosilek, who was convicted as Robert Kosilek for killing his wife in 1990. Kosilek was born a male but has received hormone treatments and lives in an all-male prison.
Kosilek first sued the Massachusetts Department of Correction 12 years ago. Wolf ruled two years later that Kosilek was entitled to treatment for gender-identity disorder, but did not order surgery. The ruling yesterday stems from Kosilek suing again in 2005.
Sex change operations can cost up to $20,000. Many insurance companies reject the surgery as elective.
In his decision, Wolf stated that the surgery is the ‘‘only adequate treatment’’ for Kosilek and that ‘‘there is no less intrusive means to correct the prolonged violation of Kosilek’s Eighth Amendment right to adequate medical care,’’ the Globe reported.
Prison officials have argued that allowing Kosilek to have the surgery would make her a target for sexual assaults by other inmates.
What do you think of the decision? Is this Kosilek's constitutional right?
David Marsters
6:33 am on Sunday, September 9, 2012
The federal judge-government should stay out of the states business. Let the feds pay for operation. What is this country coming to. You don't think this is socialism, vote Nov 6 to get the socialist out of office before country goes down the tubes. He should have his brain transplanted.
Diana
9:08 am on Sunday, September 9, 2012
That's not really how it works, states don't have complete autonomy, otherwise we'd be 50 countries. I may disagree with this particular decision, but the process was perfectly sound. If you really care about the role of the federal judiciary, educate yourself about it, rather than just screaming "socialism" the same way a toddler screams "monster!", i.e., whenever it has scary feelings that it doesn't understand.
david mokal
11:24 am on Sunday, September 9, 2012
David you are in Maine and with the same reasons my family did and all my freinds,You feel more free up there. Massachusetts has gone down the tubes with all the scams and so has Malden and our Boys in In the white House. Since the 60's we have been loosing are freedoms lil by lil. We are already Socialists and treated as such. They Uppers Do What they want and crap on the lil guy Thats Socialism. When the country can m,ake laws to suit them it's socialism in both parties. I totally agree with you.
Diana
11:43 am on Sunday, September 9, 2012
Um... "the Uppers Do What they want and crap on the lil guy" is pretty much the opposite of socialism. Seriously. There are perfectly valid reasons for disliking socialism, but not knowing what the word means isn't one of them.
http://www.merriam-webster.com/dictionary/socialism
Meggle
2:03 pm on Sunday, September 9, 2012
As someone who leans socialist, I can promise you Obama is anything BUT a socialist. Socialism is about taking care of *everyone* in the country, regardless of their social and economic status. It's about everyone having a fair chance at access to healthcare, education, etc, while in general still allowing for the benefits of capitalist competition in other areas. At best you could call both the republican and democratic parties "corporate welfare" parties, but that is most assuredly not socialist.
If you want to look at a real socialist-leaning state, look to Vermont -- they elected Bernie Sanders, the only Democratic Socialist (note, democratic in this sense has NOTHING to do with the democratic party) in the Senate. Massachusetts is not socialist.
Rachelle
7:03 am on Sunday, September 9, 2012
When kids are waking up hungry & parents are struggling to feed them (nevermind saving for college) -not only a 3rd world country crisis but all over America! An all - time high of 46 million people needing food stamps to feed their families! My answer?
ABSOLUTELY NOT!!!
Roland
7:50 am on Sunday, September 9, 2012
This pervert had the money when he was a doctor to pay for this himself and he chosr not to do it. He now thinks that because some one else has to foot the bill its his constitutional right. This his choice let him pay. You don't really think they are going to make him stay in the male lockup do you, dah.talk about a target.
Diana
9:00 am on Sunday, September 9, 2012
Not being able to have a sex-change operation is hardly cruel and unusual punishment. I have this crazy notion that incarcerated felons shouldn't have more and better access to free non-lifesaving healthcare than the average child does. Maybe it's just me.
And just to clarify, I don't care about the nature of this particular operation. I'd also object to, say, a knee replacement. You're a felon. The world is full of innocent people who can't afford a knee replacement. Take some advil and suck it up.
Meggle
2:10 pm on Sunday, September 9, 2012
She is receiving hormone treatment.. at most maybe this would "allow" them to put her in a female prison, maybe? She probably shouldn't be in with a male population, given how rampant rape is in prisons.
Still, given how many transgender people out there are suffering and desperately trying to get this covered on their own insurance it seems unfair that she can receive it for free. Knowing some folks who are trans, I know how terribly agonizing it is for them to feel so out of place in their own bodies... It makes me feel mad that they don't have access to this kind of treatment and she does.
Diana
2:59 pm on Sunday, September 9, 2012
Meggle, I'm very sympathetic to transgendered people, just not so much toward murderers, and admittedly without knowing the circumstance, the fact that he murdered his wife would give me second thoughts about placing him in the female population.
I'm entirely in agreement with your second paragraph.
The Troll
10:42 am on Sunday, September 9, 2012
Why is it the State's responsibilty to make sure this man becomes the gender he WANTS to be? He obviously has psychological issues but I can't fathom the public required to pay for this surgery. If this man was not incarcerated, he would have to pay for this out of his pocket. It's an elective surgery even if he is deemed to have a sexual identity disorder. This is absurd and should never be allowed to happen. Are we, as tax payers going to have to pay for breast implants too? That's a part of the female physique too.
After he gets this surgery and is deemed a woman, does he go to an all women's prison? Where does he go next? All of this special treatment over a sexual organ. Insanity!
david mokal
11:29 am on Sunday, September 9, 2012
He murdered and he should be executed. Bring back the death penality. It's cheaper to pull the switch than to give this guy what he wants. Start electing judges too let the people decide who is on the bench.
Meggle
2:06 pm on Sunday, September 9, 2012
We can hardly trust the government to accurately distribute welfare and fix the roads, why should we trust them to not execute innocent people?
Diana
1:52 am on Monday, September 10, 2012
Yeah, I have to say... "The government sucks and is incompetent and should totally be entrusted with the power to kill its citizens at will!" is, at best... not a well considered philosophy.
TIM H
12:38 pm on Sunday, September 9, 2012
ANSOLUTELY EFFING NOT!!!!!this degenerate murders his wife and now he gets the state to pay for his sex change?isnt mark wolf a federal judge?why does he have any say on this matter?it is a mattwr foe the state courts.the roads and bridges are falling apart and kids are going hungry but the state has to pay foe this?what a joke
The OLD Malden's gone..
9:27 pm on Sunday, September 9, 2012
I think the opinion on this article is crystal clear. After reading and agreeing with the comments, this is a big disgrace for Mark Wolf and must be over turned.
david mokal
5:19 pm on Monday, September 10, 2012
Well statements like the Government Sucks is not so there are many good people who represent us. If You think the Government Sucks then move to another Country. The Government has to be fixed it doesn't suck. Oh by the way Meggle and Diane I dont click on Links i dont know where your puter has been. Capitol Punishment makes you think before you want to do someone in. Just ask the wife who was the victim of course you'll have to dig her up first. Well that sums it up for me..Time for a DD. Adios
Diana
5:29 pm on Monday, September 10, 2012
Actually, capital punishment has never been shown to be a deterrent. I won't bother to link to the studies, but that doesn't mean you can't look it up yourself.
Michael Victor
5:39 pm on Monday, September 10, 2012
Another brilliant comment from our resident liberal. Bunch of malarchy. We can redeem them or it costs more to bring them to the death penalty than it costs to incarcerate them. ONly because the liberals and their trial lawyer friends are in bed with each other. A hundred years ago when you killed someone you were dealt with swiftly. With DNA it should make it even quicker. Should have fried this guy a long time ago.
Diana
5:43 pm on Monday, September 10, 2012
Reality does have a strong liberal bias. Once again, feel free to look it up, unless you're as allergic to knowledge as david is.
Jr
6:28 pm on Monday, September 10, 2012
Diana
I would have to say that capital punishment is a deterrent to the individual who is executed
Diana
6:50 pm on Monday, September 10, 2012
Except for the key moment when it clearly wasn't.
But I suppose I would say that too, if I didn't know what deterrent meant.