WASHINGTON, D.C., May 6, 2015 (LifeSiteNews.com) — The Supreme Court has refused to reconsider a lower court’s ruling that a male convicted murderer in Massachusetts is entitled to taxpayer-funded hormone treatments to make him appear female.
The Supreme Court's decision on the Massachusetts case, Kosilek v. O'Brien, left LGBT activists furious. Jennifer Levi, director of the Boston-based Gay and Lesbian Advocates and Defenders (GLAD), which represented Robert Kosilek – who now goes by Michelle – in his case, said that “this is a terrible and inhumane result for Michelle.”
“But it is just a matter of time before some prison somewhere is required to provide essential surgery, meeting the minimal Constitutional obligations of adequate medical care for transgender people in prison.”
The U.S. First Circuit Court of Appeals disagreed with Levi, whose organization had challenged the state's decision to not spend taxpayer dollars on Kosilek's transgender treatments. While a lower court and a First Circuit panel agreed that Kosilek was owed such treatment, the full First Circuit Court overruled those decisions, 3-2.
A blog post at the Human Rights Campaign said that the Supreme Court's denial is “a loss for equality,” and that “this decision is unfortunate because it fails to recognize the right of transgender people to receive medically-necessary services while they are incarcerated, and therefore reliant on the state for appropriate healthcare.”
“Transition-related healthcare is considered medically necessary by medical associations, including the American Medical Association and the World Professional Association of Transgender Healthcare,” said the post.
However, Department of Corrections (DOC) officials argue there is a security concern with allowing Kosilek — who has attempted suicide at least twice — to have surgeries and hormonal treatment to attempt to become female. He is currently held in a men's facility, so attempts to make him female would put him at risk of sexual assault, say officials — but putting the 65-year old in the women's facility would create a security risk for female inmates.
Kosilek was convicted in the murder of his wife in 1993. He claims that he was assaulted with a knife, and in self-defense used a garrote to kill Cheryl McCaul. However, a jury found Kosilek guilty of first-degree murder, and he was given a life sentence.
Kosilek has sued DOC at least eight times, and in 2002 one lawsuit led to him being allowed to receive certain treatments under the Eighth Amendment of the U.S. Constitution.
The Supreme Court, which offered no explanation for its decision to decline the case, comes as the Obama administration is pressuring the state of Georgia to include taxpayer-funded gender dysphoria treatment for prisoners, claiming it is necessary under the Eighth Amendment.
