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Wednesday, April 03, 2019

Federal appeals court rules prisoners have no right to sex reassignment surgery

A transgender prisoner says she’ll pursue her fight to have Texas pay for gender reassignment surgery after suffering a loss at the 5th U.S. Circuit Court of Appeals.

A lawyer for Vanessa Lynn Gibson, born as Scott Lynn Gibson, says she’ll ask the full 5th Circuit to rehear the case after a three-judge panel upheld the state’s policy that denies funding for the reassignment surgery.

The state will cover hormone and mental health care treatment.

In a 2-1 ruling published Friday, the court said refusing to facilitate the surgery does not constitute cruel and unusual punishment as defined by the Eighth Amendment.

“Under established precedent, it can be cruel and unusual punishment to deny essential medical care to an inmate. But that does not mean prisons must provide whatever care an inmate wants,” wrote Judge James C. Ho, a Trump-appointee, in the 23-page opinion.

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6 comments:

Anonymous said...

I am so glad for once that the Feds got something right. It should be noted that as has held true you do the crime you do the time, not live in a privileged world when you broke the laws you lost.

Anonymous said...

Finally, some sense from the bench!

Anonymous said...

Thank you, Judge.

Anonymous said...

Put them in a solitary confinement cell with a knife & tell them to have at it

Anonymous said...

I have no problem you want to be a transgender then be one but pay for the surgery yourself just like anyone else has to when it's not necessary. That's the problem with these transgenders they are becoming nothing but sponges on society wanting others to pay for them.

Anonymous said...

That's ELECTIVE surgery, not medically necessary surgery. It is like a nose job and not like a coronary bypass. There is no RIGHT to elective surgery by an inmate, or anyone else, for that matter. Ask your insurance company if they will pay for liposuction, or lip fillers.