A federal appeals court today upheld a judge's 2012 ruling that transgender inmates should have access to transition-related care while they are incarcerated. Michelle Kosilek In a ruling published today, a three-judge panel of the First Circuit Court of Appeals affirmed that transgender inmates have a constitutional right to access transition-related care, including gender-confirming surgeries. In the 2-1 ruling, the First Circuit upheld a 2012 decision from U.S. District Judge Mark Wolf in the case of Michelle Kosilek, a transgender woman currently serving a life sentence for the 1990 murder of Cheryl McCaul. The First Circuit's ruling cited the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment as well as excessive bail and fines imposed on those in prison. Today's ruling marks the first time an appeals court has explicitly declared that gender-confirming surgeries do qualify as medically necessary care, the denial of which would constitute cruel and unusual punishment. Kosilek has filed several lawsuits in efforts to treat her gender dysphoria, each time claiming that witholding medically necessary care as hormone replacement therapy and gender-confirming surgeries are considered by the American Medical Association is a violation of her constitutional rights. In 2002, Kosilek sucessfully sued … Continue reading
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