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Federal Judge OKs Sex Change for Convicted Killer

Michelle Kosilek (1993 File photo)

By DENISE LAVOIE, AP Legal Affairs Writer

BOSTON (AP) — A federal judge has ordered the Massachusetts Department of Correction to provide a taxpayer-funded sex-change operation for a transgender inmate serving life in prison for murder.

U.S. District Judge Mark Wolf ruled Tuesday in the case of Michelle Kosilek, who was born as a man but has received hormone treatments and lives as a woman in an all-male prison.

Robert Kosilek was convicted of murder in the killing of his wife in 1990.

Wolf is believed to be the first federal judge to order prison officials to provide the surgery for a transgender inmate.

Michelle Kosilek first sued the 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.


  • paulb62

    What is next. When she becomes a woman she appeals her sentence and gets out of jail, because she is nor to he person who committed the crime.
    This judge is not doing his job and is costing taxpayers extra money.

  • mel1984

    So we have to work hard and get taxes taken out to pay for an inmates sex change, hell we might as well put in a shit load of over time and build him or her a house there while we are at it. Gotta love the legal system

  • jmac610

    This makes me sick! This man should be rotting in jail. Not worrying about getting a damn sex change! Tax payers money?! this judge is wrong for giving this the ok and using our money to do so!

  • kevintb

    Omg! The usa gone to shit now!

  • wendyk

    What is wrong with you people? This is an individual who was born as a man who has received hormone treatments and lives as a woman. Lives as a woman in an all male jail.
    Let me slow it down for you.. a WOMAN in an ALL MALE jail… Are you not able to see the problem here? Come out of your narrow minds and grasp the actual situation.. Try to withhold judging someone you don’t know or a circumstance you obviously haven’t the brain to comprehend. Is it ok with you for a woman to be placed in an all male prison? Grow the fuck up. Educate yourself. You are like a bunch of schoolhouse bullies beating up the weak kid.

    • RNss

      While trying to be sensitive to transgender challenges,perhaps money would be better spent on jails that house transgender people. How can any educated person think that paying for this operation and calling it a medical necessity is the answer? Where do you draw the line? What about the next murder or other offender that comes along and demands the same consideration and calls it medical necessity? At least housing would help solve any “safety” issues and as more transgenders demand the same rights as this murderer special housing would be alot cheaper!

  • barbtw37

    I do medical billing for a living,and have seen gender/diagnosis denials…but never have seen a sex change diagnosis for medical necessity…something’s wrong with this picture. I don’t want to pay for it!!!!