Published: April 24, 2008 08:28 am            

Lawmaker doesn't want to pay for prisoner's sex-change operation

BOSTON — As a judge considers forcing Massachusetts to pay for a convicted murderer's sex-change operation, a lawmaker has filed legislation that would bar taxpayers from footing the bill.



"I want to put into the law something that there is fairly widespread agreement on," Sen. Bruce Tarr, R-Gloucester, said Wednesday, "that this is a procedure that shouldn't be paid for, especially when the budget is tight and the Department of Corrections is strained to perform basic functions."



If passed, Tarr's bill would prohibit any use of public money to pay for "sex reassignment surgery" for anyone held at any of the state's jails or prisons.



The state couldn't pay for hormone replacement therapy for any person in jail or prison, unless a doctor approved the therapy for something other than a sex-change operation. And it couldn't pay for laser hair removal treatment.



Tarr filed his bill as U.S. District Court Judge Mark Wolfe considers requiring the state to pay for a sex-change operation for Michelle Kosilek. Born Robert, Kosilek has sued the state, saying the procedure is medically necessary.



Tarr said the procedure is not necessary, and it's unfair to have the state pay for the surgery for a prisoner when the state doesn't for its poorest citizens.



"It's something we don't even allow to be paid for with Medicaid," Tarr said.



Robert Kosilek was sentenced to life in prison for murdering his wife, Cheryl, in 1990. In 1993, Kosilek changed his name to Michelle and began living as a woman while incarcerated in the all-male Norfolk prison. State correction officials have balked at paying for the operation, saying it would make Kosilek a target for sexual assault behind bars.



Kosilek, 58, lost a 2002 lawsuit claiming the state's decision not to pay for the expensive surgery violated the inmate's Constitutional rights against cruel and unusual punishment.



In 2005, Kosilek sued again, saying hormone treatments to alter male characteristics were not enough to relieve severe depression. Kosilek has twice tried to commit suicide.



Judge Wolfe is deciding if the operation is medically necessary. After appearing before Wolfe on April 1, Correction Commissioner Harold Clarke said he would consider reversing the department's long-standing opposition to paying for the surgery.



If his bill becomes law before Wolfe rules, Tarr said he's unclear if it would prevent the state from complying with the judge's order and paying for the sex change. He said he believes it would give Clarke support in denying Kosilek and future prisoners' requests.



Edward Mason writes for Gloucester (Mass.) Daily Times.

        

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