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Crime

Fed Judge Orders MA to Provide Taxpayer-Funded Sex Change for Transgendered Murderer

Sep. 4, 2012 2:30pm Billy Hallowell

Federal Judges Mandates Tax Changes for Michelle Kosilek | Transgender

A 1993 photo depicting Michelle Kosilek (AP)

BOSTON (TheBlaze/AP) — A federal judge on Tuesday ordered state prison officials to provide a taxpayer-funded sex-reassignment surgery to a transgender inmate serving life in prison for murder.

U.S. District Judge Mark Wolf ruled in the case of Michelle Kosilek, who was born as a man but has received hormone treatments and lives as a woman in an all-male prison. Robert Kosilek was convicted of murder in the killing of his wife in 1990.

Wolf is believed to be the first federal judge to order prison officials to provide the surgery for a transgender inmate — an action that will certainly anger some Americans.

Kosilek first sued the Massachusetts Department of Correction 12 years ago. Two years later, Wolf ruled that Kosilek was entitled to treatment for gender-identity disorder, but stopped short of ordering surgery. Kosilek sued again in 2005, arguing that the surgery is a medical necessity.

Kosilek, who was born "Robert," is shown in a 1990 photo (AP)

In his ruling Tuesday, Wolf found that surgery is the “only adequate treatment” for Kosilek’s “serious medical need.”

“The court finds that there is no less intrusive means to correct the prolonged violation of Kosilek’s Eighth Amendment right to adequate medical care,” Wolf wrote in his 126-page ruling.

Prison officials have repeatedly cited security risks in the case, saying that allowing her to have the surgery would make her a target for sexual assaults by other inmates.

But Wolf found that the DOC’s security concerns are “either pretextual or can be dealt with by the DOC.” He said it is up to prison officials to decide how and where to house Kosilek after the surgery.

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Comments (139)

Free2speakRN
Posted on September 4, 2012 at 3:09pm
Do the operation, And……. send him/her to an ‘all woman prison’ for a life term…… Perfect.

Otherwise, it’s a reward.

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- Sirfoldallot
  Posted on September 4, 2012 at 4:18pm
  Judge needs to be sued by the taxpayers, then kick this dumb a** out, better yet send the judge 2 get a brain change 2 a monkey.
  
  Report this comment
- netmail
  Posted on September 4, 2012 at 4:28pm
  Give the judge and He/She speaking slots at the convention. They represent what dems are all about.
  
  Report this comment
- dmerwin
  Posted on September 4, 2012 at 4:51pm
  Clearly this is proof that some Federal Judges do not see things as the rest of the world. Who can make the argument that ANYBODY should have a taxpayer funded sex change?
  
  Report this comment
- hidden_lion
  Posted on September 4, 2012 at 5:03pm
  I know a better treatment for a convicted murderer, and it will cost the tax payer allot less.
  
  Report this comment
- Chuck Stein
  Posted on September 4, 2012 at 5:19pm
  He will not be a woman. My mother is a woman. My wife is a woman. My daughters are women. “Michelle” will merely be an AMPUTEE.
  
  Report this comment
- Mil Mom
  Posted on September 4, 2012 at 6:27pm
  @Sirfoldallot
  Posted on September 4, 2012 at 4:18pm
  
  Judge needs to be sued by the taxpayers, then kick this dumb a** out, better yet send the judge 2 get a brain change 2 a monkey
  ***
  Not sure that demands a “Brain Change” it sounds like it’s already there, are there hormone replacements necessary though?
  
  Report this comment
- Mil Mom
  Posted on September 4, 2012 at 6:28pm
  @dmerwin
  Posted on September 4, 2012 at 4:51pm
  
  Clearly this is proof that some Federal Judges do not see things as the rest of the world. Who can make the argument that ANYBODY should have a taxpayer funded sex change?
  ***
  Obviously the authors of obamacare, not sure if those who voted for it were aware it’s in there though!
  
  Report this comment
- ahall925
  Posted on September 4, 2012 at 7:01pm
  Um, problem solved at $.33 (approx.) per unit. Convicted of murder.
  
  Report this comment
- stage9
  Posted on September 4, 2012 at 9:02pm
  “Prison officials have repeatedly cited security risks in the case, saying that allowing her to have the surgery would make her a target for sexual assaults by other inmates.”
  
  HE’S NOT A “HER” SO STOP CALLING HIM A “HER”!
  
  Report this comment
- muffythetuffy
  Posted on September 4, 2012 at 9:25pm
  I cannot stop puking. American Liberals and their openly homosexual judges are killing me. I cannot eat anymore and I cannot sleep at nights.
  
  America the land of the perpetual vomiting people.
  
  Report this comment
- turkey13
  Posted on September 4, 2012 at 10:44pm
  If you raise the Judges robes you will find he is probably dressed in women”s under cloths – probably pink. Of course since Obama and the Democratic party has endorsed Q_ueers and L_izzies getting married what do you expect. I say let the It stay in the same prison and and move in with Big-Big-Big John. Maybe they will live happely everafter.
  
  Report this comment
- Kristina In Americaland
  Posted on September 4, 2012 at 11:01pm
  Sick of politicians in general, missing Ron Paul 2012, or think you are too busy to follow this election?
  
  The Kardashians Don’t Need You, America Does – Mommy’s, Daddy’s & Libertarians LISTEN UP!
  
  http://kristinainamericaland.wordpress.com/2012/09/04/the-kardashians-dont-need-you-america-does-mommys-daddys-libertarians-listen-up/
  
  Report this comment
- db321
  Posted on September 4, 2012 at 11:12pm
  I think God is even shaken his head at this one.
  
  Report this comment
- TitanJax88
  Posted on November 10, 2012 at 6:56am
  Do a little research, the judge was appointed by Reagan http://en.wikipedia.org/wiki/Mark_Lawrence_Wolf
  
  Report this comment
girlnurse
Posted on September 4, 2012 at 3:05pm
The states already pay for the sex hormone therapy…and thats not cheap.

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- 1marinesthoughts
  Posted on September 4, 2012 at 3:31pm
  When will the ******** get it that when you go to prison you lose your rights you do not get more than the law abiding citizens that pay for there asses to be treated better than the elderly, and the Developmental Disabilities that need round the clock care.
  
  2961.01 Forfeiture of rights and privileges by convicted felons.
  (A)(1) A person who pleads guilty to a felony under the laws of this or any other state or the United States and whose plea is accepted by the court or a person against whom a verdict or finding of guilt for committing a felony under any law of that type is returned, unless the plea, verdict, or finding is reversed or annulled, is incompetent to be an elector or juror or to hold an office of honor, trust, or profit. —– http://codes.ohio.gov/orc/2961.01
  
  Report this comment
- Walkabout
  Posted on September 4, 2012 at 5:11pm
  Robert Kosilek is as remarkable a man as you would ever want to meet. First, he’s a certified wife killer, having been convicted of taking a
  
  ***wire to the throat of his beloved Cheryl, ****
  
  then hiding her body in the trunk of their car in the parking lot of a North Attleboro mall. Then he showed up at his trial in a dress, calling himself Michelle
  
  http://www.bostonglobe.com/metro/2000/06/13/test-case-for-change/s9jYsy33HXfJ3ajRNZYpMO/story.html
  
  Report this comment
Revman 1775
Posted on September 4, 2012 at 3:00pm
behyond strange

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- Elena2010
  Posted on September 4, 2012 at 4:02pm
  Asinine!
  
  Robert was born a man; he should learn to live as one. This whole “I’m a girl in a man’s body” is a lot of mental illness.
  
  Report this comment
- Walkabout
  Posted on September 4, 2012 at 4:43pm
  Robert got confused mixed up signals from society & internalized him. The sickness of transgenderism is probably what caused him to kill in the 1st place.
  
  Report this comment
- Walkabout
  Posted on September 4, 2012 at 4:51pm
  Joe Jervis a gay blogger has opined that he doesn’t know why transgendered are the way they are,but they support them.
  
  So they don’t know if it is a transgendered gene or a mental sickness, but they are going to support it no matter what. What sense does that make? They have not found a gay gene much less a transgendered genes or genes. It is much more likely it is a a mental sickness & yet they support it.
  Some time soon it will be clearly shown, they support mental illness.
  
  Report this comment
- Walkabout
  Posted on September 4, 2012 at 5:02pm
  Maybe it is easier to live as the opposite sex than to live with the notion that you screwed up your life. Robert probably has these whole meme that if some psychiatrist had diagnosed him as being in the wrong body at say age 9 then, he could got help & would never have grown up to be a drunk & a spouse killer.
  
  Short version: It is societies fault!
  ***
  seven electrolysis treatments
  Sulman countered that shaving is a “quintessential male” activity.
  
  http://www.cbsnews.com/8301-504083_162-5748570-504083.html
  
  Drunk Driving charge
  http://www.usatoday.com/news/nation/2008-02-26-sexchange-inmage_N.htm
  
  http://www.murderpedia.org/male.K/k/kosilek-robert.htm
  
  Report this comment
- GBTVFan_Non_American_Overseas
  Posted on September 4, 2012 at 8:17pm
  So, which is “its” name now: Roberta or Betty??
  
  Report this comment
- bigdaddyt46
  Posted on September 5, 2012 at 4:57am
  i got one even stranger then this. i worked with a he/she/it and was not only taking hormones(a a full rack if you know what i mean.) not only did hes/she/it claim to be a woman trapped in a man’s body, but was also a lesbian. that just blew my mind. he/she/it wanted it’s pen is removed, but lesbians use a fake pen is to have sex with their significant other. WTF??? talk about a mind that is totally FUBARED
  
  Report this comment
Ghandi was a Republican
Posted on September 4, 2012 at 2:57pm
The guy will then be prostituted about the Prison- once again showing how the liberals will go to any lengths to find women to exploit in their phony war..

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- LIBSALWAYSLIE
  Posted on September 4, 2012 at 3:50pm
  Well put P-Slayer. Liberals have no clue what should and shouldn’t be paid for with tax dollars. This is a clear example of the absolute stupidity of the left.
  
  Report this comment
- Walkabout
  Posted on September 4, 2012 at 5:07pm
  The case has become fodder for radio talk shows,
  http://www.cbsnews.com/8301-504083_162-5748570-504083.html
  
  To some extent who cares about the electrolysis, the gender change operation & all the other tens of thousands of dollars. We need psychologists to get to the bottom of the mental sickness that is rt\transgenderism. Then we wouldn’t have to pay for all this B.S.
  
  Guy probably wouldn’t murdered his wife either.
  
  Report this comment
Wool-Free Vision
Posted on September 4, 2012 at 2:54pm
Welcome to the absurd freakshow that is the Progressive States of America.

Massachusetts, look at what your activist judges are doing. I mean, seriously, LOOK AT IT!

How any informed American can vote democrat and still think they are informed is an absolute mystery to me. Look at what liberalism is doing with your money and our society.

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- doomytram
  Posted on September 4, 2012 at 3:05pm
  It’s the (Mis,Dis, and Un) informed DemoncRats slogan…. Duh duh…. Did eye, eye, eye, eye, do that?
  Duh Dumb, De, Doo Dumb.
  
  Report this comment
- progressiveslayer
  Posted on September 4, 2012 at 3:08pm
  Your typical progressive politician or judge thinks taxpayers are to be abused,take our money because government has no money and use it to destroy our society and republic.They are a vile lot and have been with us unfortunately for roughly a century and we need to rid our government of all progressives if this republic has a chance for survival.
  
  Report this comment
- Wool-Free Vision
  Posted on September 4, 2012 at 3:09pm
  Oh my, I have just learned a very sad fact: This judge was nominated in 1985 by a man I hold in very high regard, the Gipper himself. I can only assume that his early life as a member of the Army National Guard and as head of the Public Corruption Unit was nothing but a sham meant to get him appointed to the Federal District Court bench, where he could put away the mask he wore and start fulfilling his true purpose as a damned activist judge.
  
  Before any of you libs start claiming I’m a nut for making such an assumption, consider the fact that Reagan would never have nominated this jerk if he could have foreseen THIS disgusting ruling 25 years in the future. Reagan wasn’t perfect, but I KNOW that he didn’t nominate THIS kind of idiocy. No way.
  
  Report this comment
- Walkabout
  Posted on September 4, 2012 at 5:19pm
  “There were instances prior to this murder, where apparently he had dressed as woman, but, at the time, that killed her, he had been wearing a beard.”
  
  He was mentally ill before he killed his wife. He played dress up. He was not treated for being transgenderism & voila. Murder.
  
  http://www.butch-femme.com/archive/index.php/t-24497.html
  
  Report this comment
- Chuck Stein
  Posted on September 4, 2012 at 7:14pm
  @ Wool-Free Vision
  Remember the adage about power corrupting. A Federal Judge since 1985 — plenty of time to be corrupted.
  
  Report this comment
Guitarcarl
Posted on September 4, 2012 at 2:52pm
The Constitution is hanging by a thread.

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doomytram
Posted on September 4, 2012 at 2:51pm
This is a good example of why there are too many attorneys,living off of suing our ridiculous federal gov’t, This is where some of your hard earned tax dollars are spent. We live in ridiculous times when this leviathan of a behemoth, that is the 900 trillion lb. gorilla. of a fed. gov’t tries to do you like this.!

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- Chet Hempstead
  Posted on September 4, 2012 at 3:38pm
  Except I don’t see how the lawyer is going to make any money off this case. He must have taken it mostly because he believed in it and thought it would boost his reputation if he won.
  
  Report this comment
- hidden_lion
  Posted on September 4, 2012 at 5:06pm
  Chet-
  the lawyer gets paid by the state, aka the taxpayer. So taxpayers get doubly screwed.
  
  Report this comment
- Chet Hempstead
  Posted on September 4, 2012 at 7:32pm
  hidden_lion
  Okay, yeah, you’re probably right about that. Still, that would only cover billable hours. He could have been making a lot more by representing somebody who would collect cash damages, so he probably didn’t take the case just for the money, especially considering the high likelihood that he could have lost.
  
  Report this comment
Angel_light
Posted on September 4, 2012 at 2:50pm
the judge should be fired. sure the guy has a right to spend his OWN money stupidly and get a sexchange; but telling other people that they have to pay for it is sooo unconstitutional!

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- LIBSALWAYSLIE
  Posted on September 4, 2012 at 3:54pm
  Angel, liberals think that tax money is a never ending, bottomless well, that can be used for anything and everything they decide is worthy. They have no clue what should and shouldn’t be paid for with tax dollars. Now, get back to work….
  
  Report this comment
RANGER1965
Posted on September 4, 2012 at 2:50pm
(sigh)…

Wouldn’t it be nice to be emperor for a day, and make this judge pay from his own savings, even force him to mortgage his own house to pay for these expensive surgeries he’s ordered the tax payers to pay for?

That’s about what it would take to get liberals to see that Tax Payers are people too, and deserve some respect.

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sWampy
Posted on September 4, 2012 at 2:49pm
I’d all for paying for all liberals to have a sex change, provided it’s before they have kids.

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moreteaplease
Posted on September 4, 2012 at 2:47pm
But Wolf found that the DOC’s security concerns are “either pretextual or can be dealt with by the DOC.” He said it is up to prison officials to decide how and where to house Kosilek after the surgery.
———————————————
Typical liberal judge. Fine, house him in gen-pop and let the cards fall where they may.

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COFemale
Posted on September 4, 2012 at 2:47pm
Bullcrap. This is not a medical necessity. He is in prison, he has lost all rights to anything except a bed, a toilet, and meals. If I were in MA, you bet your bottom dollar I would be protesting this. Taxpayers should be outraged with this.

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booger71
Posted on September 4, 2012 at 2:47pm
That is one ugly woman

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- GBTVFan_Non_American_Overseas
  Posted on September 4, 2012 at 7:54pm
  I thought it was a photo of Ozzy Osbourne!!
  
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Ghandi was a Republican
Posted on September 4, 2012 at 2:46pm
Massachusetts gets what it’s paid for..

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MN NICE
Posted on September 4, 2012 at 2:45pm
Less than 40 cents is all that it would take to remedy Kosilek’s “serious medical need”… 40 cents and he/she can even pick the caliber of preference

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goahead.makemyday
Posted on September 4, 2012 at 2:44pm
AAAHHHHH He/she is confused about its gender! It’s a serious medical condition! It must be immediately fixed! There is a security concern? I say ………….. the concern, the 8th amendment clearly was put in for this situation. The public don’t agree? I say ……… the public, I am the law! (total sarcasm if you can’t tell) Can someone tell me how if the default sentence for murder was death with say a ten year waiting time to allow possible new evidence and technology to provide any refuting proof to appear would cost us more time and money than the current system. Of course a judge could choose the alternate sentence in special cases for life with a possibility for parole. besides it would give judges like Fox less chance to ruin what is already falling apart.

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progressiveslayer
Posted on September 4, 2012 at 2:42pm
Instead of cutting of the little head just cut off the big head,problem solved. One more degenerate murderer sent to hell.

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bdandsl
Posted on September 4, 2012 at 2:42pm
Oh, he11 NO! Let the a$$ of a judge pay for if he thinks he should have one!

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Angel_light
Posted on September 4, 2012 at 2:42pm
“Kosilek sued again in 2005, arguing that the surgery is a medical necessity.”- OMG what a load! I can’t believe my tax dollars are going toward this!! I really can’t wait to leave this horrific state!

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biohazard23
Posted on September 4, 2012 at 2:39pm
Hand him a cigar cutter.

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- sWampy
  Posted on September 4, 2012 at 2:44pm
  Can’t think of a better use for liberal tax payer dollars.
  
  Report this comment
Geowchap
Posted on September 4, 2012 at 2:37pm
insane

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grimmster
Posted on September 4, 2012 at 2:36pm
How much longer folks, before “we the people” clean this country up ourselves? Add this judges name to the list of those we need to throw out with the trash……..

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chrinortay
Posted on September 4, 2012 at 2:36pm
We’re done for.

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huey6367
Posted on September 4, 2012 at 2:35pm
If the death penalty were sped up this would be a non issue.

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- JRook
  Posted on September 4, 2012 at 2:41pm
  Wow this is almost as bad as providing a taxpayer bailout to investment and commercial banks while their executives were taking $1 million bonuses. But of course they only guilty of fraud and raping the American people.
  
  Report this comment
- WindyDualism
  Posted on September 4, 2012 at 3:38pm
  Rookie
  Bidness be bidness, to paraphrase Sharpton. Have some personal responsibility for a change, and hope too while you are at it. Go to a shelter of actual females and throw around your pissant rape verbiage. You are beyond dolt stage. You rape common sense daily by the way.
  
  Report this comment
kaydeebeau
Posted on September 4, 2012 at 2:35pm
I bet “Dr” Lorena Bobbitt could take care of it really quickly

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