US - Prisoner Kosilek refused sex affirmation surgery...

[No security problem if she was placed in a women's prison which is where she ought to be... kaz] 

State prison head opposes sex-change surgery for killer

By Associated Press

Friday, May 09, 2008

BOSTON - The commissioner of the state’s prison system says allowing a 

convicted killer to get a sex-change operation would pose 

"insurmountable" safety and security problems.

Department of Correction Commissioner Harold Clarke outlined his 

opposition to the surgery for inmate Michelle Kosilek in court papers 

filed this week, closely mirroring arguments made by his predecessor, 

former DOC Commissioner Kathleen Dennehy.

Clarke, who took over the department in November, said allowing the 

surgery could make Kosilek a target for assault by other inmates. He 

said prison officials also have concerns that Kosilek — who is serving 

a life sentence without parole — could try to escape if she is taken 

out of state for the surgery.

Kosilek, 58, sued the DOC in 2000, claiming that the agency’s refusal 

to allow the state-funded surgery violated her Eighth Amendment right 

against cruel and unusual punishment.

U.S. District Judge Mark Wolf ruled in 2002 that prison officials had 

failed to adequately treat Kosilek’s gender-identity disorder, but did 

not order surgery. Wolf found that Kosilek had not shown that the 

correction commissioner had shown "deliberate indifference" to her 

medical needs.

Kosilek sued again in 2005, saying the hormone treatments, laser hair 

removal and psychotherapy she has received have not been enough to 

relieve her anxiety and depression.

In a three-page statement filed in court, Clarke said he does not 

doubt Kosilek’s belief that the surgery could reduce her anxiety.

"However, based on my review of the designated trial testimony and my 

many years of experience as a corrections professional, I believe that 

the safety and security concerns presented by the prospect of 

undertaking sex reassignment surgery for Michelle Kosilek are 

insurmountable," Clarke said.

Wolf has heard testimony from at least eight experts on whether the 

surgery is "medically necessary" for Kosilek, who was born a man, 

Robert, but legally changed his name to Michelle in 1993 and has been 

living as a woman in an all-male prison in Norfolk. Robert Kosilek was 

sentenced to life in prison for murdering his wife, Cheryl, in 1990.

Clarke, who told reporters last month that he would re-examine 

Kosilek’s case, is scheduled to testify in the case Monday.

Kosilek’s lawyer, Frances Cohen, declined to comment on Clarke’s 

opposition.

"We’ll explore it in court next week," she said.

Diane Wiffin, a spokeswoman for the DOC, also declined comment. "The 

commissioner’s brief speaks for itself," she said.

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