Legislator tries end run around federal judge’s transgender “cruel and unusual punishment” ruling

Mass. State Rep. John H. Rogers tries end run around federal judge’s “cruel and unusual punishment” finding

THE GUERRILLA ANGEL REPORT — Michelle Kosilek, the transgender Massachusetts prisoner who a federal judge said the denial of her doctor’s recommendation of sex reassignment surgery amounted to cruel and unusual punishment, has found yet another twist in her legal pursuit of getting medical care. A Massachusetts legislator wants to run an amendment through the legislature to block payment of a federal judge’s order to have the surgery.

The state of Massachusetts apparently denied Kosilek’s attorney’s offer to drop the $800,000 in legal fees awarded if they let her have the surgery and are instead filing an appeal of the decision. State Rep. John H. Rogers, a Democrat, however, wants to go further and block her medical funding through legislative action unless the U.S. Supreme Court tells them otherwise.

The legal ramifications of this could return to haunt the legislature. Deliberately doing an end run around a federal judge’s ruling that the state is engaging in cruel and unusual punishment is unwise on any level.

Not much about this case is making sense, including Rogers’ actions — stay tuned.

More on the federal judge’s ruling for Michelle Kosilek’s SRS: http://lexiecannes.wordpress.com/2012/09/26/gov-patrick-its-not-about-sex-reassignment-surgery-or-the-cost/

http://lexiecannes.wordpress.com/2012/09/08/transgender-inmate-srs-saga-dont-second-guess-judge-unless-prepared-to-deal-with-onslaught-of-marbles/

Zack Ford gets into the specific legal ramifications here: Anti-Trans Massachusetts Lawmaker Attempts To Circumvent Federal Court Ruling | ThinkProgress.

Mass. State Rep. John H. Rogers tries end run around federal judge’s “cruel and unusual punishment” finding

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Categories: Judicial, Courts, Transgender, Transsexual, Trans

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3 replies

  1. Whether it be Marriage Equality, Anti-Bullying, or Gender Rights; the Conservatives will try any tack, legal, or not to block progress on any aspect of LGBT Equality. It’s frustrating, and sickening!

  2. I loathe Blue Dog ConservaDems. They are sellouts without compassion!

  3. I believe that Rogers’ legislation will run into problems with the Equal Protection Clause of the Fourteenth Amendment. Passing a law to strip rights from a class of citizens who have not violated any laws is expressly forbidden under the Equal Protection Clause.

    However, violating the Constitution, either directly or indirectly, does not seem to bother people such as Rogers. The intended consequence would occur anyway, as it would take years for this legislation to work its way through the Court system – and Rogers would never be held accountable for the hardship and grief he purposely is imposing.

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