Susan's Place Logo

News:

Visit our Discord server  and Wiki

Main Menu

UPDATE/Michelle Kosilek Court Ruling- Blog Roundup

Started by Shana A, September 07, 2012, 10:58:32 AM

Previous topic - Next topic

0 Members and 1 Guest are viewing this topic.

Shana A

Thursday, September 06, 2012
Conflicted Emotions About Kosilek Case
Posted by Monica Roberts at 12:00 PM

http://transgriot.blogspot.com/2012/09/conflicted-about-kosilek-case.html

Usually when we have a federal court case that advances trans human rights I'm so giddy with excitement about it I'm usually posting info about it on the blog as fast as I get the opinion and can read it and the synopsis of it.

But in this particular case that involves trans prisoner Michelle Kosilek in Massachusetts, I like many transpeople are conflicted about it.

[...]

What is making us in the trans community queasy about this ruling is that although it's a federal court legal victory recognizing that GID is a medical condition in which SRS is the treatment for it,  we're worried that this one is going to cause a little turbulence for our movement.
"Be yourself; everyone else is already taken." Oscar Wilde


  •  

Shana A


The Michelle Kosilek Decision: More Than the Needs of the One

September 6, 2012 by Matt Kailey

http://tranifesto.com/2012/09/06/the-michelle-kosilek-decision/

Our community seems sharply divided on the recent decision by U.S. District Judge Mark Wolf to allow convicted killer Michelle Kosilek to undergo transition surgery while in prison, paid for by the state of Massachusetts.

I understand the anger and frustration of those who have worked three jobs, sold their possessions, and still can't afford to pay for this surgery. They think, "I have been a law-abiding citizen all my life and I can't afford to have surgery, but a convicted murderer can get it for free? How fair is that?"

Probably not all that fair, actually. But, in my opinion, the Michelle Kosilek decision is about far more than one person – one murderer, even – getting her transition surgery covered by the state. I think there are some points that we have to look at with regard to this decision, all of which take Kosilek out of the equation entirely.
"Be yourself; everyone else is already taken." Oscar Wilde


  •  

SandraJane

#2
News Staff Note- Due to the Importance, Controversy, and Increasing number of Commentaries and Blog articles that are coming forth on this event, I am combining them into a single post.  -  SandraJane, News Staff



________________________________________________



THE ATLANTIC



Is Denying Treatment to Transsexual Inmates 'Cruel and Unusual'?


When a prisoner tries to commit suicide and self-mutilate, it's a sign of a serious medical condition -- one that the state has a duty to treat.


By Wendy Kaminer | Sep 7 2012, 4:20 PM ET


http://www.theatlantic.com/national/archive/2012/09/is-denying-treatment-to-transsexual-inmates-cruel-and-unusual/262074/



Kosilek in court in 1993 (AP)


Convicted wife killer Michelle (née Robert) Kosilek is hardly a sympathetic figure, and Federal District Court Judge Mark Wolf will not win any popularity contests for ordering the Massachusetts Department of Corrections to provide Kosilek with sex change surgery for her severe "gender identity disorder." It's "an outrageous abuse of taxpayer dollars," Senator Scott Brown blustered predictably, although he favors spending many more taxpayer dollars to appeal Wolf's ruling in the hope that "common sense" will ultimately prevail.

----In fact, Judge Wolf found that state officials acted in bad faith to deny Koselik treatment for political, not penological, reasons. The judge found and stressed repeatedly that former Corrections Commissioner Kathleen Dennehy "engaged in a pattern of pretext, pretense, and prevarication" because she feared that providing sex change surgery to an inmate (particularly a convicted murderer) would "provoke public and political controversy, criticism, scorn, and ridicule."

She fabricated security concerns, "falsely claimed" not to know whether doctors "viewed sex reassignment surgery as medically necessary," and coordinated comments to the media with a state senator who sponsored legislation barring the use of tax dollars to provide sex reassignment surgery to inmates. In other words, she lied, shamelessly and repeatedly: "Dennehy testified untruthfully on many matters."



________________________________________________




THE GAZETTE  montrealgazette.com



No Illusions: Massachusetts transgender case is unmitigated effrontery, writer says


Posted by: Jillian Page | September 7, 2012. 9:45 am • Section: Turning the Page


http://blogs.montrealgazette.com/2012/09/07/no-illusions-massachusetts-transgender-case-is-unmitigated-effrontery-writer-says/


Yesterday, I wrote about the case of a convicted killer in Massachusetts, sentenced to life in prison, who has won the right to have sexual reassignment surgery, paid for by the state. I pointed out that I do not view this as a victory of any sort for the so-called "transgender community." It was a health-care decision made by a compassionate judge.
Today, I've been reading an article by Todd Hartley on The Aspen Times site. It's called I'm With Stupid: how we pay to make murderers feel better.



------------------------------------------




THE ASPEN TIMES




Todd Hartley: I'm With Stupid


How we pay to make murderers feel better


Todd Hartley | The Aspen Times | Aspen, CO, Colorado | Friday, September 7, 2012


http://www.aspentimes.com/article/20120907/COLUMN/120909910/1021&parentprofile=1061


Rarely, in the course of writing this column, is it my intention to really tick people off. That's not to say it doesn't happen, but usually when it does, it's because I'm a clueless, obtuse idiot, not because I'm trying to be cruel.

This week, however, I harbor no illusions. This column will absolutely make a niche segment of the American population unhappy even though that's not my intent. At some point, though, I just have to accept that I don't care and steel myself for the anticipated outrage.

I've found there are certain groups it's best never to mention even if you think you're saying positive things about them. One of those groups is the transgender community. I don't know any of them personally, so this is all just speculation, but they seem to be pretty unhappy and upset with the way the world views them, and if anyone who isn't transgender says anything about them, they seem very quick to be offended by it, regardless of the tenor of the comments.




------------------------------------------




THE GAZETTE montrealgazette.com



SRS Ruling on Killer Not a Victory for the Transgender 'Community'


Posted by: Jillian Page | September 6, 2012. 10:05 am • Section: Turning the Page


http://blogs.montrealgazette.com/2012/09/06/srs-ruling-on-inmate-not-a-victory-for-the-transgender-community/


I had mixed feelings yesterday when I saw a news story about an inmate in Massachusetts who has won the right to have sexual reassignment surgery (SRS), paid for by the state. The court decision is being hailed far and wide (see AP article on Gazette site) as a victory for the "transgender community" and the "transgender movement." The inmate is serving a life sentence without parole for the murder of her wife in 1990.

The thing is, considering the terrible slaying incident that happened Tuesday night at the venue where Premier elect Pauline Marois was presenting her election victory speech and the sadness everyone in Quebec is feeling, I couldn't help but think of the Massachusetts inmate's murdered wife. I thought of the sadness still being felt by her family, friends . . . by the people who loved her.




________________________________________________



THE WALL STREET JOURNAL  LAW BLOG


   
Judge Orders Sex-Change Operation for Prisoner


September 4, 2012, 4:13 PM


http://blogs.wsj.com/law/2012/09/04/judge-orders-sex-change-operation-for-federal-prisoner/


http://pacer.mad.uscourts.gov/dc/opinions/wolf/pdf/kosilek%20eighth%20amendment%20decision.pdf





In a first-of-its-kind ruling, a federal judge in Boston has ordered Massachusetts authorities to provide a taxpayer-funded sex-change operation for a transgender prisoner.

Chief U.S. District Judge Mark Wolf said he based his ruling on the recommendations of doctors at the commonwealth's Department of Correction who prescribed sex-reassignment surgery as "the only form of adequate medical care" for Michelle Kosilek.

Kosilek, who used to go by "Robert," is serving life in prison without the possibility of parole for the 1990 murder of his wife.

Judge Wolf, describing his 126-page order as "unprecedented," said that denying Kosilek the surgery was a violation of the Eighth Amendment's prohibition on cruel and unusual punishment.
  •  

Shana A

Fri Sep 07, 2012 at 04:00 PM PDT
A Victory for the "Movement"

by rserven

http://www.dailykos.com/story/2012/09/07/1128884/-A-Victory-for-the-Movement

The big news about transpeople is not something which is likely to help us win friends and influence people.  On the other hand, the headlines are of some interest.  Transgender-inmate ruling is movement's latest win says the AP's Megahn Barr. 

So I guess we have won recognition as a "movement".  On the other hand Michelle Kosilek is not going to win us any friends.  Federal Judge Mark Wolf has ordered a state-funded gender reassignment surgery for Kosilek, who during her transition in 1990 murdered her wife, Cheryl McCaul.  He strangled her with wire and left her body in the trunk of a car at a mall in North Attleboro, MA.  Kosilek is currently serving life without parole.

Wolf has ruled that Kosilek has suffered from gender identity disorder (newly rechristened "gender dysphoria") since she was a young child, was "born in the wrong body" (Goddess, I hate that phrase), began taking hormones while in prison and requested treatment for her disorder.  Such treatment was denied.  As a result Kosilek twice has tried to commit suicide and also has attempted self-castration.  For 12 years her attorneys have been arguing that the Constitution states that she has the right to treatment for her condition.
"Be yourself; everyone else is already taken." Oscar Wilde


  •  

SandraJane

THINKPROGRESS LGBT



Massachusetts Senate Candidates Fail To Understand Importance Of Funding Transgender Health Services


By Guest Blogger on Sep 10, 2012 at 10:45 am

Our guest bloggers are Andrew Cray, Research Associate, and Jeff Krehely, Vice President for the LGBT Research and Communications Project at the Center for American Progress.


http://thinkprogress.org/lgbt/2012/09/10/819091/massachusetts-senate-candidates-fail-to-understand-importance-of-funding-transgender-health-services/



Senate candidates Scott Brown (R) and Elizabeth Warren (D) both responded negatively to Kosilek's court victory.


Last Tuesday, U.S. District Court Judge Mark Wolf ruled that Michelle Kosilek, an inmate in the Massachusetts Department of Correction system, is entitled to receive sex reassignment surgery. This decision follows a 10-year litigation process that Wolf described as "a prolonged violation of Kosilek's Eighth Amendment right to adequate medical care." Wolf is a 1985 Reagan appointee to the federal bench.

Despite the fact that the Supreme Court decided over three decades ago that inmates are Constitutionally entitled to care deemed necessary by prison medical officials, there still seems to be question about whether care provided to transgender prisoners is a "good use of taxpayer dollars" (in the words of Massachusetts Democratic Senate candidate Elizabeth Warren) or even whether it is an "outrageous abuse" of state funds (in the words of the sitting senator Warren is challenging, Republican Scott
  •