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Thread: Federal appeals court reinstates prisoner's sex-change lawsuit

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    Federal appeals court reinstates prisoner's sex-change lawsuit

    Federal appeals court reinstates prisoner's sex-change lawsuit | Reuters
    (Reuters) - A federal appeals court on Monday reinstated a lawsuit brought by a transgendered prisoner against Virginia authorities for refusing to allow her to undergo a sex-change operation.

    The 4th U.S. Circuit Court of Appeals found that Ophelia Azriel De'lonta, born Michael Stokes, can argue that denying her the surgery violates the Eighth Amendment's prohibition against cruel and unusual punishment.

    The ruling comes six months after a federal judge in Boston ordered Massachusetts to pay for a sex-change operation for a convicted murderer who, like De'lonta, suffers from gender identity disorder.

    The disease is "characterized by a feeling of being trapped in a body of the wrong gender," Judge Albert Diaz wrote for a unanimous three-judge panel.

    While such cases can sometimes be treated with hormone therapy and living as a member of the opposite sex, the most serious cases require sex reassignment surgery, the court said, citing the World Professional Association for Transgender Health.

    "In these cases, the surgery is not considered experimental or cosmetic; is it an accepted, medically indicated treatment," Diaz wrote.

    In reversing a lower court's decision to dismiss the case for failing to state a cause of action, the 4th Circuit did not order that De'lonta receive the surgery. Instead, it simply found that her lawsuit was viable under the Eighth Amendment and sent the case back down to the district court for further proceedings.
    Should prisoners be able to receive state funded sex-changes? Is it a legitimate medical treatment?

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    Re: Federal appeals court reinstates prisoner's sex-change lawsuit

    Quote Originally Posted by Pilot View Post
    Federal appeals court reinstates prisoner's sex-change lawsuit | Reuters


    Should prisoners be able to receive state funded sex-changes? Is it a legitimate medical treatment?
    the 4th circuit does not do things lightly. sounds like he/she has a shot.

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    Re: Federal appeals court reinstates prisoner's sex-change lawsuit

    No one should be allowed to receive state funded cosmetic surgeries like having a sex "change."
    Last edited by digsbe; 01-28-13 at 11:51 PM.
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