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Federal appeals court upholds Mass. inmate’s right to taxpayer-funded sex change

Started by LearnedHand, January 17, 2014, 08:25:05 PM

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DriftingCrow

Federal appeals court upholds Mass. inmate's right to taxpayer-funded sex change surgery
http://www.boston.com/news/local/massachusetts/2014/01/17/mass-appeals-court-upholds-inmate-right-sex-change-surgery/22b7dO1vPQKnrJNjP6kLRN/story.html
Boston Globe;  Martin Finucane, John R. Ellement and Milton J. Valencia

A federal appeals court in Boston today upheld a judge's ruling that a transsexual inmate [Michelle L. Kosilek] convicted of murder is entitled to a taxpayer-funded sex change operation as treatment for her severe gender identity disorder.

In a ruling that was a first of its kind, a three-judge panel of the US Court of Appeals for the First Circuit said courts must not shy away from enforcing the rights of all people, including prisoners. "And receiving medically necessary treatment is one of those rights, even if that treatment strikes some as odd or unorthodox," the court said.

Despite today's ruling, it's not clear if the surgery will take place any time soon.
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Kyra553

Although, I completely agree on a person's need for GRS/SRS. I do not believe this person is entitled anything from the state. This person committed MURDER and they will now be rewarded with free medical anything from honest TAX PAYERS.  >:(

I see enough of this in my own prison where Inmates are given what they want for being locked away for their own crimes. I do not hate Inmates, I hate the people who abuse the feelings of others to manipulate them into getting what they want. Here is a common Inmate pitty phrase "Sure I did it, I feel bad about it and the pain tortures me everyday. But isnt it wrong to lock away a person suffering for his entire life?"  My answer in my head is always, your own choices landed you here and no on else's. The child rapists usually use that phrase above...

I find it wrong for this person to be rewarded for killing someone else's mother, father, son, daughter, loved one or friend. I find it wrong that the victims of this person's crime have to pay out of their own pocket so this murder can be happy for what he did. 

I express this from a corrections officer's standpoint and a person who has also lost close one's to crime as well.
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Zumbagirl

Quote from: Natallie553 on January 21, 2014, 09:12:10 AM
Although, I completely agree on a person's need for GRS/SRS. I do not believe this person is entitled anything from the state. This person committed MURDER and they will now be rewarded with free medical anything from honest TAX PAYERS.  >:(


I felt the same way as you did once until I read about Michelle Kosileks life story and the circumstances involving the death of Cheryl Kosilek then my mind was changed. It was a tragic mistake that's for sure. The more I hear about some of the unfortunate circumstances in people's lives that may end up landing them in prison, the more compassion I do feel for those who are forgotten once they are there. We (the people) have spent something to the tune of 30 million dollars blocking Michelle's surgery. Doesn't anyone think that money could have been better spent on real issues than making lawyers rich?

I've said this before on another thread and this is something to really think long and hard about. If society as a whole determines that this surgery is not important for this one person, then who is to say it won't be turned on someone who is not in prison. Would you be willing to let your right to have this operation be put to a vote and then live with the outcome even if you knew that society would gang up on you?

Rights are still rights, prison or not. Any of us could find our freedom taken away in a heartbeat and lots of people end up with very long prison terms for "crimes" that don't seem to match the punishment metered out. I'm all for locking up bad people and there are some very bad people in this world, but not everyone is bad. I really worry that if we treat people that we lock up as animals once they are there, then we cannot claim shock and surprise if they come out acting like animals afterwards.
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Kyra553

Quote from: Zumbagirl on January 21, 2014, 09:37:35 AM
Rights are still rights, prison or not. Any of us could find our freedom taken away in a heartbeat and lots of people end up with very long prison terms for "crimes" that don't seem to match the punishment metered out. I'm all for locking up bad people and there are some very bad people in this world, but not everyone is bad. I really worry that if we treat people that we lock up as animals once they are there, then we cannot claim shock and surprise if they come out acting like animals afterwards.

It appears they have already helped her in many ways.

"The Department of Correction challenged the ruling, arguing Kosilek has received adequate treatment for gender identity disorder, including female hormones, laser hair removal and psychotherapy. Prison officials said those treatments have eased the stress and anxiety felt by the 64-year-old Kosilek, and they brought in experts who supported their argument that it was unnecessary to heed advice from independent medical experts who recommended she undergo the sex change surgery as the next step in treating her gender identity disorder."
"http://abcnews.go.com/US/wireStory/appeals-court-upholds-sex-change-mass-inmate-21577921"

I dont see any of those things provided for honest working citizens such as ourselves.

Society as a whole already does not support anything under the "gay" umbrella. It has been the scarifies, pain, death, loss, and years of honest people living different from how the world sees fit. That has only gotten us even this far. Murdering someone then asking for your troubles to be paid for you, is not the way and is wrong. You should know of how hard your life has been vs another person. But did that cause you to kill someone for their opinion?  A person's rights end where another person's begins. Don't forget this.

Quote from: Zumbagirl on January 21, 2014, 09:37:35 AM
We (the people) have spent something to the tune of 30 million dollars blocking Michelle's surgery. Doesn't anyone think that money could have been better spent on real issues than making lawyers rich?

Yes your are correct, a death sentence would of been much cheaper for everyone.

My question to you is. Was the life of Cheryl Kosilek worth the vote she received? Because it was only one person who voted.


I also suggest you read about "recidivism" and how our country spends nearly a billion every year in programs for offered jobs and education to improve the lives of felons for self improvement. Which I support. But the truth is, most felons re-admitted into prison after serving their first term sentence. Will simply recommit another crime to get back into prison. Why do they do that, you ask?  Because prison life is easier then living on your own. Warm food, bed, free entertainment, and you get paid to just sleep in a bunk. Isnt that worth raping some child or killing a woman for?

Under no circumstance or lifestyle! will I believe it is understandable or good for a person to willingly murder, rape a child/woman/man, or inflict life altering harm to others. I care about my friends and family and I help ensure their able to sleep at night safe everyday because evil is behind bars with a locked key.
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Zumbagirl

Quote from: Natallie553 on January 21, 2014, 10:51:18 AM
It appears they have already helped her in many ways.

"

Society as a whole already does not support anything under the "gay" umbrella. It has been the scarifies, pain, death, loss, and years of honest people living different from how the world sees fit. That has only gotten us even this far. Murdering someone then asking for your troubles to be paid for you, is not the way and is wrong. You should know of how hard your life has been vs another person. But did that cause you to kill someone for their opinion?  A person's rights end where another person's begins. Don't forget this.



We will probably never agree on anything and that's okay. It's a diversity of opinion that makes this world what it is. I do believe that one of the traits of humanity most associated with women is compassion for our fellow humans. Is what makes women who they are. I do believe though that people have rights, imprisoned or not. Even if someone does something bad, there rights do not evaporate into thin air. Either the words "all men are created equal" applies to everyone or in the end it will end up applying to no one. In the words of George Carlin,

"Personally when it comes to rights, I think one of two things is true: either we have unlimited rights, or we have no rights at all."
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DriftingCrow

After 20 Years, Transgender Inmate Is A Step Closer To Surgery
http://www.npr.org/2014/01/23/265356667/after-20-years-transgender-inmate-is-a-step-closer-to-surgery
Tovia Smith; NPR

It's becoming harder for prisons or private insurers to deny coverage for gender dysphoria, says Jennifer Levi, transgender rights project director for the group Gay and Lesbian Advocates and Defenders.

[While some complain about the cost of GRS, others argue] that it's the court battle that's [. . .] wasted taxpayers' money [... and] that, since Kosilek won, the state also has to pay her legal fees, estimated at around $700,000.
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Kyra553

Well on the plus side, atleast its making gender dysphoria more well known and maybe it will be recognized in the insurance world sooner than later.
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LizMarie

This isn't about how horrible her crime was. That was horrible and wrong and she's being punished for it.

This is about "medical necessity". It is long established law that prisoners may not be denied "medically necessary" treatment. Prisoners have received organ transplants, for example, because the state is now obligated to take care of them.

The question before the court is whether GCS is a "medically necessary" treatment or not. The court ruled that it is. Whether it is "medically necessary" in her case was a second question but that one appears to have been ruled on as well.

But most people lose sight of that first question. Why is that question important? A court has now decreed that GCS is a "medically necessary" procedure. Health insurance companies better be looking at that and rethinking calling GCS "experimental" because they are now going to get slapped down in the coming years. Fortunately some of those companies are ahead of the game and already including it, because they see the handwriting on the wall.
The meaning of life is to find your gift. The purpose of life is to give it away.



~ Cara Elizabeth
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suzifrommd

Quote from: LizMarie on January 30, 2014, 11:20:17 AM
This is about "medical necessity". It is long established law that prisoners may not be denied "medically necessary" treatment.

This^^^^

If we deny prisoners medically necessary treatment based on the seriousness of their crimes, where does that stop?

How serious does the crime have to be before we'll let infections turn to gangrene, for example, or allow an appendix to burst?

Would passing bad checks be enough? Stealing a car?
Have you read my short story The Eve of Triumph?
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