Federal Appeals Court Overturns Ruling on Sex Change for Prisoner

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Wednesday, December 17, 2014

Patrick Sargent, GoLocal Worcester Contributor

On Tuesday, a federal appeals court overturned a ruling which would have forced Massachusetts prison officials to allow a sex change to a prisoner. In 2012, a federal judge ruled that the surgery must be allowed, but the U.S. Circuit Court of Appeals overturned that ruling. Michelle Koselik, born Robert Koselik, was denied the operation based on the fact that Koselik could not prove that prison officials were violating the Eight amendment.

Koselik, who is currently in a male prison, is serving a life sentence for killing spouse Cheryl Kosilek in 1990. In the original 2012 ruling. U.S. District Judge Mark Wolf became the first judge ever to order sex-reassignment surgery. Wolf ruled the surgery as a remedy for Koselik's gender-identity disorder.

This decision was upheld by a three judge panel, but prison officials appealed before the appeals court and won the rehearing.

During the appeal, prison officials said Koselik received more than enough psychotherapy and hormones to combat Koselik's disorder. Officials were also concerned for Koselik's safety is the surgery was completed.