Supreme Court Rules Against Giving Murderer Sex Change Operation

The Supreme Court threw out an appeal by a convicted murderer in prison who wanted to sex change surgery at taxpayer expense to become a woman.

Robert Kosilek killed his wife Cheryl McCaul about 25 years ago and was convicted of murder. The Boston Globe reported:

“McCaul’s body was found in their Mansfield home in 1990. She had been strangled with a wire, nearly decapitating her, records show.”

Since then, while serving a life sentence in a Massachusetts prison, he’s been living as a woman, taking hormones. Now his name is “Michelle.” But, the hormones only do so much, so “Michelle” is demanding surgery to rearrange his sex organs so that they loosely resemble those of a woman. They call this “sex reassignment” surgery. The Washington Examiner reported a few years ago:

Kosilek first sued the Massachusetts Department of Correction 12 years ago. Two years later, [U.S. District Judge] 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.

Mark Wolf is the U.S. District Judge who ruled in 2012 to require Massachusetts to pay for Kosilek’s $20,000 surgery. On what Constitutional basis you might ask? He specifically mentioned Kosilek’s 8th Amendment right to adequate health care. The 8th amendment is the Constitutional prohibition of “cruel and unusual punishments.” He stated that since Kosilek has “gender-identity disorder,” it would amount to cruel and unusual punishment to disallow the surgery, which a Boston LGBT attorney said can be a “legitimate life-saving medical treatment for transgender people.” Life-saving? Really?

Kosilek had stated:

“Everybody has the right to have their health care needs met, whether they are in prison or out on the streets. People in the prisons who have bad hearts, hips or knees have surgery to repair those things. My medical needs are no less important or more important than the person in the cell next to me.”

We’re not talking about cancer or someone having a heart attack here. We’re talking about someone who was born male and who will always be male no matter how good of a surgeon he has or how good the hormone supplements are. There is absolutely no threat to his life by his being male. Oh yeah, and he’s a convicted murderer.

The case made its way all the way up to the Supreme Court, which has ruled against Kosilek:

The US Supreme Court has declined to hear an appeal from a convicted murderer from Massachusetts who sought taxpayer-funded sex change surgery, a ruling that her supporters said would end her decades-long effort to change her gender while in prison.

The high court issued its decision in the case of Michelle Kosilek on Monday without comment.


The rejection of Kosilek’s appeals by the nation’s highest court appears to bring an end to Kosilek’s hope of getting the sex-change surgery at taxpayer’s expense, an idea that seemed inevitable after a groundbreaking ruling in 2012 by US District Court Judge Mark L. Wolf.

Why are they so concerned about his life anyway? This guy was convicted of murdering his wife. So why is he even still alive? Arguing over whether or not he gets genital rearrangement surgery should be completely moot. If true justice had been served in the first place 25 years ago, there wouldn’t be these frivolous discussions and lawsuits. Obviously, Massachusetts won’t use the death penalty. If that’s the case, then they should at least imprison convicted murderers as cheaply as possible and not give in to their whims and fancies. I’m glad at least that they didn’t completely give in to Kosilek’s fancy of being a woman.