The Attleboro Massachusetts Sun Chronicle is reporting today that the Supreme Court has rejected an appeal from Robert Kosilek to have the taxpayers pay for his sex-change operation. Robert (now being called Michelle) is serving a life sentence for killing spouse Cheryl Kosilek at their Mansfield condo in 1990. He then placed her body in her car and drove her to Emerald Square Mall in North Attleboro, and took a taxi home. He then reported her missing.
The article reports:
The inmate has waged a lengthy fight for the surgery she says is necessary to relieve the mental anguish caused by gender-identity disorder.
Last year, a divided federal appeals court in Boston overturned a first-in-the-nation court order for the state to provide the sex-reassignment surgery. Courts around the country have found that prisons must evaluate transgender inmates to determine their health care needs, but most have ordered hormone treatments and psychotherapy, not surgery.
It does not concern me whether or not Robert has the operation he desires. What does concern me is that a murderer expects the taxpayers to fund optional surgery. It is obvious that Robert has some serious issues, whatever they may be, but I do not think it is up to the taxpayers to resolve them with extreme elective surgery. I am also not convinced that anything will resolve these issues. It is one thing to want a sex-change operation, it is quite another thing to murder your wife and try to get away with it. This is one case in which I wish Massachusetts had the death penalty. Mr. Kosilek needs to be shown the same amount of mercy that he showed his wife.
In May of 1990 Robert Kosilek murdered his wife. He left her body in her car parked at Emerald Square Mall in North Attleboro, Massachusetts. He was convicted of the murder and sentenced to life in prison without possibility of parole (Massachusetts does not allow the death penalty).
Since his incarceration, Mr. Kosilek has been claiming that it is his Constitutional right to have the Massachusetts taxpayers pay for the cost of his sex-change operation. While I sympathize with Mr. Kosilek’s desire to have the surgery, I question the fact that the Massachusetts taxpayer should pay the bill. Unfortunately, a federal judge has taken the opposite view.
The Blaze reported today:
A federal appeals court on Friday upheld a ruling that said the state must provide a taxpayer-funded sex change for a convicted Massachusetts murderer as part of the individual’s constitutional rights.
In a 2-1 ruling, the court noted that the U.S. Supreme Court has ruled courts “must not shrink from their obligation to enforce the constitutional rights of all persons, including prisoners,” according to the Boston Globe.
The article further reports:
Kosilek was named “Robert” when convicted of murdering his wife, Cheryl McCaul, in 1990, the Associated Press reported. After prison officials declined to provide a sex reassignment surgery, Kosilek sued the Department of Correction and a federal judge later ruled in 2012 the surgery was the “only adequate treatment” for the gender identity disorder Kosilek purportedly suffered from.
This man is a convicted murderer. Wouldn’t it make more sense to put him in a facility for dangerous criminals and forget about paying for the surgery?
On Tuesday a website called Campus Reform posted an article stating that Duke University has raised its student fees by 0.3 this year. The increase was put in place to cover sexual reassignment surgery for students. There is a limit of $50,000 on the coverage of the surgery.
The article reports:
The official plan is in-line with a Student Government Resolution passed last March that called upon the school to cover sex change operations. The school previously covered mental health care, hormone therapy and breast augmentation and reduction surgery to students who wished to change their gender.
There are 37 universities in America that cover sex change operations, according to TransgenderLaw.org. Emory University is the only other college in the Southeast, besides Duke, to offer sexual reassignment surgery to students.
What in the world is going on in our universities?
On September 4th I posted a story about the Massachusetts taxpayers being required to pay for a sex change operation for Robert, now Michelle, Kosilek, who murdered his wife in 1990.
Today the Boston Herald reported that U.S. District Court Chief Judge Mark L. Wolf has ruled that the taxpayers of Massachusetts should also reimburse Michelle Lynne Kosilek for years of legal bills.
The article concludes:
Kosilek has survived two suicide attempts and has threatened to castrate himself over his gender distress, according to Wolf, who ruled that sex-reassignment surgery was the only remedy for Kosilek’s “serious medical need.”
It was not immediately clear how far back Kosilek’s lawyers are eligible to recover costs and fees. He has been suing the DOC for surgery since 2000.
I am sorry that Michelle Kosilek is so emotionally messed up. I am sorry that he killed his wife in cold blood, but it seems as if things are getting a little out of hand here. A person in the private sector would have to pay for this surgery themselves, why in the world are the taxpayers paying for the surgery and the court costs?
WCVB in Boston reported today that a Massachusetts Judge has declared that the Massachusetts taxpayers must pay for sex change surgery for Michelle Kosilek (formerly Robert Kosilek). Michael Kosilek killed his wife in 1990 and was sentenced to life in prison.
The article reports:
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.
In his 126-page ruling Tuesday, Wolf found that surgery is the “only adequate treatment” for Kosilek and that “there is no less intrusive means to correct the prolonged violation of Kosilek’s Eighth Amendment right to adequate medical care.”
Prison officials have repeatedly cited security risks in the case, saying that allowing Kosilek to have the surgery would make her a target for sexual assaults by other inmates.
But Wolf, who was appointed to the federal bench by President Ronald Reagan in 1985, found that the security concerns are “either pretextual or can be dealt with.” He said it would be up to prison officials to decide how and where to house Kosilek after the surgery.
I can see the next step coming. Kosilek will sue after the surgery to be put in a separate unit because he feels threatened.
I think the thing that bothers me the most about this is that if Kosilek were any place other than jail, he would be expected to find a way to pay for the surgery himself. Because he is currently living at taxpayers’ expense (don’t forget that he is in jail because he killed his wife), the surgery is free to him. This passed ridiculous a long time ago.