Sacramento LGBT Center Decries Delay In Transgender Inmate's Sex Reassignment Surgery

SACRAMENTO (CBS13) — The controversy over a transgender inmate's sex reassignment surgery may be resolved by a parole hearing.

Michelle-Lael Norsworthy, 51, is seeking the surgery which would be paid for by taxpayers if she is a prisoner. That has sparked a heated debate across the state.

Norsworthy was scheduled for the sex-change procedure in July after an order from a lower-court judge, but after she was found eligible for parole, the state decided there is no evidence the treatment is immediately necessary.

The move makes it less likely the convicted killer will receive the controversial surgery while in prison.

Donald Bentz with Sacramento's LGBT Community Center says the move puts Norsworthy's safety and health at risk.

"We have heard numerous stories from trans individuals that are incarcerated in prison that are raped, beaten, harassed on a daily basis. they're a target," he said.

The decision means Norsworthy will not be eligible to receive prison funds for the operation if she's paroled. The process could take up to five months before Norsworthy is released.

"It is medically necessary and the fact they are making her wait all of these months, that is cruel and unusual punishment," Bentz said.

According to court documents, the California Department of Corrections and Rehabilitation says "No treating physician has determined that sex reassignment surgery is medically necessary for Ms. Norsworthy." It goes on to say, "The Constitution does not guarantee to a prisoner the treatment of his choice."

But Bentz disagrees.

"A person's gender identity is a very core part of their personality and just their general being and that needs to be addressed from a medical context," he said.

And he believes the decision discriminates against transgender individuals.

"If this was someone who had any other medical condition, whether it was cancer or mental illness, they would not be denying the treatment," he said.

The state board of parole hearings has 120 days to review the panel's recommendation. It then goes to the governor, who will have another 30 days to intervene.

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