Transgender inmate wins hearing appeal

[Shana A]

Transgender inmate wins hearing appeal
Posted: Jan 28, 2013 6:13 PM EST Updated: Jan 28, 2013 6:13 PM EST
By Diane Walker
Posted by Shawn Maclauchlan

http://www.nbc12.com/story/20755967/transgender-inmate-wins-hearing-appeal

RICHMOND, VA (WWBT) -

Another court victory for a transgender inmate.

Virginia inmate Ophelia De'lonta appears closer to getting a sex change - paid for by taxpayers.

The U.S. Court of Appeals ruled Monday that De'lonta is entitled to a hearing, to determine whether the Virginia Department of Corrections violated her constitutional rights by not allowing her to be evaluated for the operation.

In a phone interview Monday, De'lonta said the unanimous appeals court ruling feels like being paroled.

"It's major," said De'lonta. "Finally, I can get what I need. That's just like making parole. Really. It's something that's very much overwhelming."

[...]

De'lonta could become the first in the nation to have state-funded sex change surgery to treat gender identity disorder and the compulsion to self castrate.

[Sarah Louise]

I find this discouraging.  Until the State (taxpayers) pay for all sex change operations, I don't think it is right for a person who has been put in jail to have theirs paid for.

[Brooke777]

I don't think that someone who is in jail should get special treatment when so many trans people who are good citizens, and work hard can't afford the surgeries they need.

[MaidofOrleans]

I don't think that someone who is in jail should get special treatment when so many trans people who are good citizens, and work hard can't afford the surgeries they need.

Agreed. Criminals get some of the best health care in the world. However prison sucks, i've been inside quite a few during my studies and can say I would never ever want to be in one even for the health care. The worst are the womens prisons...hope you like crabs infestations 

[Johe]

I agree with the previous posters...to an extent. It can be hard to swallow when so many of us struggle for our own surgeries only to have someone in prison to have the possibility to get it for free. But let me bring up a few points... If my knowledge is correct, isn't it true that most transgender inmates end up in the wrong prison because they  don't have the correct parts they should have been assigned at birth? In that light, they suffer just as much when they are viewed as male when they are female or vice versa.

Another thing, I read the full article...and then I read the comments. It wasn't just focused on a transgender inmate getting tax-payed GRS. No, the argument was on whether it was an elective surgery or a necessity for someone who identified as transgender. That's where the struggle is, where the fight stands.

[Brooke777]

Agreed. Criminals get some of the best health care in the world. However prison sucks, I've been inside quite a few during my studies and can say I would never ever want to be in one even for the health care. The worst are the womens prisons...hope you like crabs infestations 

I too have been in quite a few prisons (due to a past employer, not being a criminal), and I can say for certain that US prisons are way too nice. The ones I have seen in other countries are far worse. I would gladly take crabs and be in a US prison that go through what happens in other ones.

[Zumbagirl]

I used to come down on the same side as the rest of society but not anymore. I even felt the same way as the Michelle kosilek case here in Massachusetts. My reasons were probably the same as a lot of others here and the thing was I was already transitioned. Free srs, bull crap! If I have to pay then so does everyone else!

I changed my mind and my heart when it began to occur to me that if we treat inmates as animals then what we get out are not reformed criminals but even more vicious animals. The way I see it these are inmates. Yes they did despicable things that they pay for with a total loss of freedom. But having no freedom doesn't mean they have no rights. No one gives up their rights when they walk into a prison they give up their freedom.

The same argument used on prisoners could be turned around and pointed back at us. If people on here say "no surgery" then how will you feel when those same people say to you "no surgery". Will it be fair then? If you had to wait 20 years to transition and have surgery would that work for you? Yes? No?

Either we learn that we must treat our fellow transgender citizens with some level of compassion, even the ones in prison, or we may find that we are no better than the people who arbitrarily decided who got this surgery like it was 30 years ago when shrinks decided who was feminine enough to have the surgery. They are kindred spirits no matter what bad things they may have done.

[bethany]

I am on the fence when it comes to inmates being allowed to have SRS.

Being disabled I think that they may open some doors for me, in that if the state has to pay for them, Then I should be allowed the same privilege. I live in a nursing home not a prison. They should not have rights that I seem not to have.

Hugs,
Bethany

[~RoadToTrista~]

At least she probably doesn't get to choose her surgeon.

[Zumbagirl]

I am on the fence when it comes to inmates being allowed to have SRS.

Being disabled I think that they may open some doors for me, in that if the state has to pay for them, Then I should be allowed the same privilege. I live in a nursing home not a prison. They should not have rights that I seem not to have.

Hugs,
Bethany

My view is very simple on this. This is a medically necessary procedure and it should be covered under all insurance. The overall cost to society for transgender care versus say obesity, diabetes, addiction etc is almost ridiculously minuscule, since I work in health care I will say this. I see that in 2013 that the age old "transgender exclusion" is starting to go away. A lot of medical plans are changing. With the new gender dysphoria diagnosis, that exclusion will go away once it's fully implemented. My wonderful state of Massachusetts has spent $25 million dollars denying Michelle Kosilek surgery. When do I as a taxpayer get to say enough is enough? How many surgeries could have been covered by that fee that was paid to swarms of lawyers as opposed to real medical treatment? Michelle could have 1,000 vaginoplasties for what it will cost for 1. I personally am 100% opposed to denying medical treatment to any transgender person under any circumstance even if they are incarcerated.

The only real problem I see is that, even if Srs, hormones and therapy are covered items the rest of a gender transition (hair removal, other surgeries such as breast augmentation, trachea shaves, vocal chord surgeries and FFS) are not covered. In the end it means that this is still going to be a very expensive proposition for those less fortunate in life.

If I look at things this way, then it's all equal. If we all have access to treatment means there is no difference between myself and an inmate or someone living on public assistance. The only real question is, for the less fortunate they either put up with facial hair and shaving or take a really long time to complete a transition. In that case what happens if they want to be productive members of society but cannot because they only completed the medical part of the transition? Society may accept genital surgery as a cure, but society is not ready to accept non passing women with beards, etc. in fact I am not sure society would even accept such a proposition in a hundred, thousand or even ever amount of years.

[bethany]

Hey Zumbagirl,

I too live in Massachusetts.

I understand and respect your view on this, And yes the amount the state has paid in legal fees is absurd.

But there might be some good to come from this. The following was taking from http://www.wcvb.com/news/politics/State-Representative-wants-free-sex-change-operations-for-all-Massachusetts-residents/-/9848766/17964058/-/ej2osrz/-/index.html

ANDOVER, Mass. —Andover State Rep. James Lyons is so outraged at a ruling requiring the state to pay the lawyers' fees of a convicted murderer who wants a sex change that he plans to file a bill that would give all Massachusetts residents the same legal benefits, the Eagle-Tribune reported.

{..}

U.S. District Judge Mark Wolf ruled in her favor in September and ordered the state to fund the operation. The judge also ordered the state to pay Kosilek's legal expenses, which Lombardo estimated exceed $700,000.


Lyons told the newspaper that if the state is going to be forced to pay a convicted murderer's legal fees resulting from a demand for a sex change, then the Legislature should consider extending that privilege to every Massachusetts resident.


"This is an issue of fundamental fairness," Lyons said. "The hard working citizens who follow the rules and pay their taxes do not qualify for benefits like this. If we provide extravagant benefits like this to a vicious murderer, then why deny them to the law abiding citizenry? It's a simple matter of fairness and justice."


Lyons did not directly answer the question of whether he thought the bill would pass.

[Zumbagirl]

This is just a political stunt being orchestrated by the Republican Party in ma. It has no chance of passing. They are just doing it to prove the same point I did. It would have cost the taxpayers 1000 times less than it has so far than to just pay. It's still not over. There will be more appeals. The whole thing is utterly ridiculous for a state that calls itself progressive.

[Sarah Louise]

It would be cheaper to release the prisoner, then let them pay for their own surgery.

[Devlyn]

There's a high percentage of us M->-bleeped-<-s here on Susan's! I'm in Weymouth. I wonder if states did pick up the tab, would the media give out the names and pictures of everyone seeking SRS on public funds, like they do with these inmates?

[crazy at the coast]

There's a high percentage of us M->-bleeped-<-s here on Susan's! I'm in Weymouth. I wonder if states did pick up the tab, would the media give out the names and pictures of everyone seeking SRS on public funds, like they do with these inmates?

Well, they would now after you done gave them the idea...

[bethany]

This is just a political stunt being orchestrated by the Republican Party in ma. It has no chance of passing. They are just doing it to prove the same point I did.

Oh I know that; but one can dream can't they?

[suzifrommd]

I'm going to disagree with the prevailing sentiment that if the rest of us have to pay for SRS, then prisoners should have to also.

I hope no one hates me because of this.

Sure it would be good if everyone had their SRS paid by the state.

But in the case of prisoners, they can't earn the money they need to relieve their dysphoria. Those opportunities don't exist in prison. It's either get SRS paid for or be stuck in a body that disgusts them.

We can find a job that rewards our talents and earn money to pay for our surgeries and then find a doctor who will accept the money. When we lock up a prisoner, we take those options away from her.

I know this makes people unhappy but I really feel for transgender prisoners who are given no way to make their body right.

[Devlyn]

OK, braintwister time! If someone robs a bank to pay for SRS, but gets caught, should they get the SRS in prison?

[Kay12]

If we were a rich nation with extra money then I think it could be considered. In reality this nation is poor. We dont see how poor we are because we see the illusion of being rich by living on a credit card. The governement borrows 46% of its expenditures on a credit card. We are the worlds largest debtor nation. Our nations debt is nearing 200% of GNP. The annual deficit is over 1 trillion. The national debt is 16 trillion +. The unemployment in reality is over 10% +. There are higher priorities IMO.

[Devlyn]

We have financial issues, but we are a developed nation. Not having clean water, roads, and health services is poor. Dying of starvation and disease is poor. That's the reality for a lot of people.