Mass. inmate sex-change ruling praised, condemned

By: Crimesider Staff
Topics: Daily Blotter

Robert J. Kosilek, now known as Michelle, is seen Jan. 15, 1993, in Bristol County Superior Court in New Bedford, Mass.

/ AP Photo/Lisa Bul, file

(CBS/AP) BOSTON - A ruling ordering Massachusetts prison officials to provide sex-reassignment surgery to an inmate is being praised by advocates as important recognition that the surgery is a legitimate treatment for gender-identity disorder, even as critics including Sen. Scott Brown call it "an outrageous abuse of taxpayer dollars."

U.S. District Judge Mark Wolf ruled Tuesday in the case of Michelle Kosilek, a transgender inmate serving life in prison for murder. Wolf said the Department of Correction must provide the taxpayer-funded surgery because it is the only way to treat Kosilek's "serious medical need."

Kosilek was born male but has received hormone treatments and now lives as a woman in an all-male prison. Kosilek was named Robert when married to Cheryl Kosilek and convicted of murdering her in 1990.

While courts around the country have found that prisons must evaluate transgender inmates to determine their health care needs, most have ordered hormone treatments and psychotherapy. Wolf is the first judge to actually order sex reassignment surgery as a remedy to gender-identity disorder.

"It's great to see a judge recognize that transition-related health care is medically necessary health care and that transgender prisoners are entitled to the same health care that other folks who are incarcerated receive," said Kristina Wertz, director of policy and programs at the Transgender Law Center in San Francisco.

Kosilek's lawsuit has become fodder for radio talk shows and Massachusetts lawmakers who say the state should not be forced to pay for a convicted murderer's sex-change operation - which can cost up to $20,000 - especially since many insurance companies reject the surgery as elective.

Republican lawmakers, including then Massachusetts state Sen. Scott Brown, filed legislation in 2008 to ban the use of taxpayer funds to pay for the surgery for prison inmates. The amendment did not make it into law.

Now in the U.S. Senate, Brown said Tuesday that the sex-reassignment surgery would be "an outrageous abuse of taxpayer dollars."

"We have many big challenges facing us as a nation, but nowhere among those issues would I include providing sex change surgery to convicted murderers," Brown said in a statement. "I look forward to common sense prevailing and the ruling being overturned."

Diane Wiffin, a spokeswoman for the prisons department, told The Associated Press that the agency would have no immediate comment on the ruling.

"We are reviewing the decision and exploring our appellate options," Wiffin said.

Complete coverage of the Robert Kosilek case on Crimesider

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by mikenh71 April 4, 2013 3:09 PM EDT: Why doesn't someone just bribe another inmate with a carton of cigs to rip his pec*er off?; Reply to this comment


by summerm14 November 21, 2012 12:03 PM EST: This man that took the life of another human, can't go on living if he doesn't receive a sex change? So what!!! Your a murderer and your in jail for life. He gave up his rights of a happy normal life when he took the life of his wife. What the heck is wrong with people? Since when do we give a darn if murderers are happy? He's in jail, of course he's depressed. I really can't understand why this would even be a possibility for a murderer. Doesn't the court realize what kind of door they have opened. Now all the gender confused killers are going to cry wolf the same way and we will be stuck footing the bill, while we struggle with our own REAL medical costs. But hey sure let me for-go that surgery my mom needs on her back, so you, the murderers, can have a vagina instead of a *****, because God forbid you should feel depressed while serving a life sentence for MURDERING another human being.; Reply to this comment


by jilldavidson September 9, 2012 12:34 AM EDT: Think about the amount of money the Commonwealth spent fighting this case for the last 12 years - they hired multiple psychiatrists, psychologists, and social workers and then fired every one when they didn't like what their consultants were telling them; spending many times over what the surgery will cost.; Reply to this comment


by rightontarget September 6, 2012 11:12 AM EDT: So, this person is serving life in prison and basically taxpayers will be supporting him/her for the rest of his/her life and now we foot the bill for a sex change? Why? So he/she can have sex in jail and be more comfortable? Really??? Wouldn't castration be cheaper? Then he/she wouldn't have to worry about it.; Reply to this comment


by mdellll September 6, 2012 9:12 AM EDT: I think its a great idea. It will also save money in the long run.; Reply to this comment


by notredamegirl77 September 5, 2012 10:15 PM EDT: This crazy!!!!! Only in America can convicts get better health care then law abiding citizens!!!; Reply to this comment


by DrDisgusting September 5, 2012 7:43 PM EDT: It's prohibited under state law for the Commonwealth to pay for this for Medicaid patients. Why should a law abiding citizen go without so a prisoner can play dress up?

"Health services", medically necessary inpatient and outpatient services as mandated under Title XIX of the federal Social Security Act. Health services shall not include: ... (6) research or the provision of experimental or unproven procedures including, but not limited to, treatment related to sex-reassignment surgery and pre-surgery hormone therapy;...

Chapter118G, Section34; Reply to this comment


by coyotejoe80 September 5, 2012 4:04 PM EDT: What the ****. This is the new dumbest thing I've ever heard. I think the best fix would be a bullet. The judge should be tossed beause it's apperent that he has no connection with reality.Are they sure he didn't have a stroke on the way to work or something.They already get 3 hots and a kot,free cable and medical call. This is retarded. I'm going to gt myself locked u and tell them I must have a dick like Ron Jeremy or I can'tg on in life. **** that thing, it's lawyers, he judge and evryone who suppurts it.; Reply to this comment


by AmyInTX September 5, 2012 3:35 PM EDT: Meanwhile, my mom's Medicare benefits keep getting cut back by our present administration and she's tens of thousands of dollars in debt in medical bills from just since May of this year because of it.; Reply to this comment