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Sex Reassignment Surgery Order in Massachusetts Case Reversed by En Banc First Circuit

Author: Fred Cohen.

Source: Volume 16, Number 06, March/April 2015 , pp.81-85(5)

Abstract:

The earlier Kosilek decision by the First Circuit was the first federal court of appeals decision to uphold an order for a prisoner’s sex reassignment surgery. The new decision places the First Circuit comfortably among the other federal circuits and uncomfortably with the deniers of this medical relief for prisoners who are found to be genuinely suffering with Gender Identity Disorder (GID) and in jeopardy of committing suicide without the final phase of GID treatment.

Keywords: Kosilek v. Spencer, 740 F.3d 733; Plessy v. Ferguson,163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256 (1896); Plessy v. Ferguson,163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256 (1896); “do not punish” model of the Eighth Amendment; standard of care for a part

Affiliations: 1: Executive Editor.