Imagine if a federal judge demanded that a state fund elective amputation for criminals in jail who wanted to cut off an arm or a leg. Everyone would question the power of that judge to do so and would question his mental ability to serve on the bench. Well, it should be no different when a judge mandates that the state pay for mutilation procedures to alter the body of an inmate suffering from gender dysphoria who wants to amputate his male plumbing. Thankfully, one governor has finally had enough.
When we thought courts couldn’t get more insane
There have been those who half-jokingly advocated in the past for castrating sex offenders, but I don’t think this is what the Ninth Circuit judges had in mind when they issued an order requiring Idaho’s Department of Corrections to fund “gender confirmation surgery” for Adree Edmo. Edmo is serving a 10-year sentence for sexually abusing a 15-year-old boy.
The per curium (unanimous, without a named author) ruling of the three-judge panel found that the initial ruling in favor of Edmo by a district judge in December was “logical and well-supported” and that “responsible prison officials were deliberately indifferent to Edmo’s gender dysphoria, in violation of the Eighth Amendment.” The Eighth Amendment is the ban on cruel and unusual punishment.
Yes, it is “cruel and unusual,” in the minds of these troubled jurists, not provide to an inmate a procedure never provided in another prison in our history.
All three judges – Circuit Judge Margaret McKeown, Circuit Judge Ronald M. Gould, and District Judge Robert S. Lasnik – were appointed by President Bill Clinton.