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Appeals court upholds sex change for Mass. inmate
http://bostonherald.com/ ^ | 01/17/2014 | Associated Press

Posted on 01/17/2014 6:25:39 PM PST by massmike

A federal appeals court on Friday upheld a judge's ruling granting a taxpayer-funded sex change operation for a transgender inmate serving a life sentence for a murder conviction, saying receiving medically necessary treatment is a constitutional right that must be protected "even if that treatment strikes some as odd or unorthodox."

U.S. District Judge Mark Wolf ruled in 2012 that the state Department of Correction must provide sex reassignment surgery for Michelle Kosilek, who was born Robert Kosilek and is serving a life sentence for the killing of his wife in 1990.

Democratic Gov. Deval Patrick had no immediate comment on the appeals court ruling or whether a further appeal to the U.S. Supreme Court was possible, a spokeswoman said. The Department of Correction was reviewing the court decision.

Boston-based legal group Gay & Lesbian Advocates & Defenders said that in a civilized society there's "a baseline of care that has to be provided to all prisoners, including prisoners who are transgender."

"We hope that Michelle will now get the treatment that she desperately needs," said Jennifer Levi, director of GLAD's Transgender Rights Project.

(Excerpt) Read more at bostonherald.com ...


TOPICS: News/Current Events; US: Massachusetts
KEYWORDS: homosexualagenda

1 posted on 01/17/2014 6:25:39 PM PST by massmike
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To: massmike

Where will they draw the line? Apparently no where.


2 posted on 01/17/2014 6:28:27 PM PST by ilovesarah2012
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To: massmike

[eyeroll]


3 posted on 01/17/2014 6:29:15 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: massmike

Carve him a lady part and send him back to the men’s prison. Karma.


4 posted on 01/17/2014 6:29:26 PM PST by muir_redwoods (When I first read it, " Atlas Shrugged" was fiction)
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To: massmike

5 posted on 01/17/2014 6:31:09 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: massmike

Wait a minute. These idiots are supporting a medical program that will deny senior citizens heart transplants and knee replacements, but they are willing to spend tax-payer dollars on a fruitcake murderer in a prison?

Outrageous.


6 posted on 01/17/2014 6:33:05 PM PST by ZULU (Magua is sitting in the Oval Office. Ted Cruz/Phil Robertson in 2016.)
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To: massmike

How much money does buying a small, dull hatchet take?


7 posted on 01/17/2014 6:36:48 PM PST by MortMan (Is a delayed shower a "stay of exablution"?)
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To: massmike

A single judge, all by himself, has ruled that a sex change is now a universal right that MUST be paid for by other people. This kind of crap will continue until the U.S. dollar is no longer the worlds reserve currency.


8 posted on 01/17/2014 6:37:14 PM PST by Flavious_Maximus
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To: massmike
By exactly the same reasoning, mentally disturbed individuals with Body integrity identity disorder (BIID) have a constitutional right to have their limbs amputated if they think that's what they need. This judge is an idiot (like most liberals).
9 posted on 01/17/2014 6:37:51 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: massmike
receiving medically necessary treatment is a constitutional right

Under what part of the Constitution? And what part of this medical procedure is necessary?

I guess we will next be reading about hundreds of prisoners wanting sex reassignment treatment on our dime.

10 posted on 01/17/2014 6:38:35 PM PST by doc1019
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To: massmike

Outrageous...If U.S. District Judge Mark Wolf and U.S. 1st Circuit Court of Appeals Judges O. Rogeriee Thompson and William Kayatta Jr. feel that anyone should pay for this perverts sex change, other than itself, it should be them and not taxpayers who should foot the bill.


11 posted on 01/17/2014 6:40:29 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: massmike

Can anyone explain to me why this procedure was medically necessary? Seems to me it is elective and the inmate should wait until he get’s out in order to procure the service -— at his expense.


12 posted on 01/17/2014 6:44:59 PM PST by Vesparado (The American people know what they want and they deserve to get it good and hard --- HL Mencken)
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To: massmike
This is insane. There is no such thing as "gender reassignment surgery" or "sex change surgery." At the level of genes and chromosomes, he's a man. After the surgery he'll be a mutilated man.

When someone think's he's Napoleon, we give him psychiatric treatment. But when some guy thinks he's a woman, we carve him up. Absolute nonsense.

13 posted on 01/17/2014 6:46:08 PM PST by JoeFromSidney (itYe)
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To: massmike

If there there were justice, since there is no death penalty in MA, he will become someone’s wife in prison and experience marital violence.


14 posted on 01/17/2014 6:46:09 PM PST by Pearls Before Swine
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To: massmike

“saying receiving medically necessary treatment is a constitutional right that must be protected”

And how is this medically necessary? Will the POS die without it?

Was the murder he committed necessary?


15 posted on 01/17/2014 6:50:26 PM PST by headstamp 2 (What would Scooby do?)
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To: massmike

receiving medically necessary treatment is a constitutional right that must be protected

As a compassionate person, I would not advocate withholding "medically necessary treatment". Still ... where exactly in the Constitution is the right to medical treatment granted? And what series of events could make genital mutilation medically "necessary". Someone got his law degree from a Cracker Jack box. Kosilek was born a man, murdered his wife as a man, was convicted as a man, and has been serving his time as a man. The judge who advocates spending tax payer dollars on this ridiculousness should be removed from the bench.


16 posted on 01/17/2014 6:52:19 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: ilovesarah2012

Murder your wife and get a free sex change operation paid for by taxpayers.

They should have let the POS go free. He’d be dead by now anyway.


17 posted on 01/17/2014 6:52:25 PM PST by headstamp 2 (What would Scooby do?)
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To: ilovesarah2012
Where will they draw the line? Apparently no where.

"They" are not drawing any lines at all. They are erasing all the lines as fast as they possibly can. It's time "we" drew some lines, though--like lines to separate ourselves from them.

18 posted on 01/17/2014 7:00:26 PM PST by madprof98
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To: massmike

Why is elective surgery at tax payer expense a constitutionally protected right for convicted murderers, but medically necessary care is not provided to disabled military vets even when they pay extra for TriCare, over and above the blood they’ve shed?


19 posted on 01/17/2014 7:03:53 PM PST by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: massmike

So if ‘receiving medically necessary treatment is a constitutional right that must be protected’ how do they implement the ‘death panel’ under ObamaCare?


20 posted on 01/17/2014 7:54:12 PM PST by Lockbox
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To: massmike

So, chop his head off and replace it with a woman’s head. What’s the big deal?


21 posted on 01/17/2014 8:09:52 PM PST by Repeat Offender (What good are conservative principles if we don't stand by them?)
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To: muir_redwoods

As far as many in that men’s prison can recognize, Mr. Michele is already suitably equipped.


22 posted on 01/17/2014 8:14:17 PM PST by Sgt_Schultze (A half-truth is a complete lie)
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To: massmike

This makes NO SENSE!!!

Prisoners in Tx have a hard time getting treatment for legit purposes. (I, very sadly, had a relative commit felonious stupidity and spent some time as a “guest” of the state.)


23 posted on 01/17/2014 8:20:56 PM PST by berdie
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To: massmike

Criminy. The world is really upside down. What a freak show.


24 posted on 01/17/2014 8:21:02 PM PST by DemforBush (Come and get one in the yarbles, if you have any yarbles, you eunuch jelly thou!)
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To: Still Thinking

You got that right.


25 posted on 01/17/2014 8:29:58 PM PST by Shadowstrike (Be polite, Be professional, but have a plan to kill everyone you meet.)
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To: massmike

taxpayer money?
i don’t think so

another reason to go Galt
you want your stupid games, you keep your stupid games


26 posted on 01/17/2014 8:31:07 PM PST by SisterK (behold a pale horse)
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To: Repeat Offender

Gruesome but thanks for the laugh!


27 posted on 01/17/2014 9:19:03 PM PST by IIntense
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To: massmike
"We hope that Michelle will now get the treatment that she desperately needs," said Jennifer Levi, director of GLAD's Transgender Rights Project.

Which Michelle?

28 posted on 01/17/2014 9:38:03 PM PST by 1010RD (First, Do No Harm)
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To: massmike; All

I know most on here love Megyn Kelly. But tonight while channel surfing between commercials, she kept referring to this guy as “she” and “her”. He’s still a “he” until he gets the surgery. I wish she’d move to CNN or Msnbc.


29 posted on 01/17/2014 10:49:47 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: massmike

I’ve heard of another Michelle who was rumored once to be a man.


30 posted on 01/17/2014 11:45:25 PM PST by kaehurowing
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To: Still Thinking

Lotsa great replies, but love this one.


31 posted on 01/18/2014 2:54:44 AM PST by NetAddicted (Just looking)
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To: Lockbox; BuckeyeTexan

This might have a silver lining if SCOTUS lets it stand. Start suing whenever you’re denied under Obamacare using this case as precedent.


32 posted on 01/18/2014 5:44:22 AM PST by 1010RD (First, Do No Harm)
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To: massmike

That expletive deleted murdered a mother in front of her children and he gets his fondest dream come true.

Not anyone who wants a sex change just has to murder and go to jail.

Is this twerks next dream is to stay in the mens lockup?


33 posted on 01/19/2014 12:04:58 PM PST by Lady Jag (Tolerance and apathy are the last virtues of a dying society. - Aristotle)
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