US - Legislation prohibits payment for prisoners' "sex reassignment"

US - Legislation filed to prohibit payment for "sex reassignment 

surgery" for anyone held at any of Massachusetts state's jails or 

prisons. [2008-04-24 Eagle Tribune]

<http://www.eagletribune.com/punews/local_story_114234016.html>

Thu, Apr 24 2008

Legislation filed to block payment for prisoner's sex-change operation

By Edward Mason

Staff writer

BOSTON — As a judge considers forcing the state to pay for a convicted 

murderer's sex-change operation, Sen. Bruce Tarr, R-Gloucester, has 

filed legislation that would bar taxpayers from footing the bill.

"I want to put into the law something that there is fairly widespread 

agreement on," Tarr said yesterday. "That this is a procedure that 

shouldn't be paid for, especially when the budget is tight and the 

Department of Corrections is strained to perform basic functions."

If passed, Tarr's bill would prohibit any use of public money to pay 

for "sex reassignment surgery" for anyone held at any of the state's 

jails or prisons.

The state couldn't pay for hormone replacement therapy for any person 

in jail or prison, unless a doctor approved the therapy for something 

other than a sex-change operation. And it couldn't pay for laser hair 

removal treatment.

Tarr filed his bill as U.S. District Court Judge Mark Wolfe considers 

requiring the state to pay for a sex-change operation for Michelle 

Kosilek. Born Robert, Kosilek has sued the state, saying the procedure 

is medically necessary.

Tarr said the procedure is not necessary, and it's unfair to have the 

state pay for the surgery for a prisoner when the state doesn't for 

its poorest citizens.

"It's something we don't even allow to be paid for with Medicaid," 

Tarr said.

Tarr's bill does not prohibit the state from paying for other elective 

procedures. He said he was responding to a recent controversy, and 

would consider filing additional legislation as the need arises.

Diane Wiffin, a Department of Correction spokeswoman, declined to 

comment on the legislation because the subject is being litigated.

Sen. Steven Baddour, D-Methuen, supports the measure. Sen. Susan 

Tucker, D-Andover, could not be reached for this story. Tucker did 

sign on to a letter circulated earlier this month by Sen. Scott Brown, 

D-Wrentham, that would instruct Harold Clarke, the state correction 

commissioner, not to approve paying for the surgery.

The bill also is backed by Essex County Sheriff Frank Cousins.

"He doesn't feel that is an appropriate use of taxpayer dollars," said 

Paul Fleming, a spokesman.

There are no Essex County prisoners requesting a sex change, Fleming 

said.

Robert Kosilek was sentenced to life in prison for murdering his wife, 

Cheryl, in 1990. In 1993, Kosilek changed his name to Michelle and 

began living as a woman while incarcerated in the all-male Norfolk 

prison. State correction officials have balked at paying for the 

operation, saying it would make her a target for sexual assault behind 

bars.

Kosilek, 58, lost a 2002 lawsuit claiming the state's decision not to 

pay for the expensive surgery violated her constitutional rights 

against cruel and unusual punishment.

In 2005, Kosilek sued again, saying hormone treatments to alter her 

male characteristics were not enough to relieve severe depression. She 

has twice tried to commit suicide.

Judge Wolfe is deciding if the operation is medically necessary. 

Clarke, the state correction commissioner, said he would consider 

reversing the department's long-standing opposition to paying for the 

surgery after being ordered to appear before Wolfe on April 1.

Legal experts have questioned whether the Legislature can step in 

while the case is being decided.

If his bill becomes law before Wolfe rules, Tarr said he's unclear if 

it would prevent the state from complying with the judge's order and 

paying for the sex change. He said he believes it would give Clarke 

support in denying Kosilek and future prisoners' requests.

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