The liberal Constitution is a very strange place. There’s no Freedom of Religion in it, but there is a Constitutional right to sex change operations.
Robert Kosilek was a psycho transvestite who strangled his wife to death so severely that he nearly cut off her head. Then he dumped her naked body in a mall parking lot.
Cheryl McCaul had met Robert Kosilek and felt sorry for him. And she paid for it with her life. The cowardly Kosilek tried to claim that he had murdered his wife in self-defense after she caught him trying on her clothes. Today Robert Kosilek would probably have become a gay rights cause celeb, but this was 1990, so he went to jail instead.
In prison, Robert Kosilek began calling himself Michelle and demanding a sex change operation. The prison made the mistake of giving him hormones, which laid the groundwork for his demand. Once any form of transvestism is treated as some kind of medical necessity, then you end up having to accept the whole thing; just like with civil unions and gay marriage.
But there’s no War on Women to see here.
A federal appeals court on Friday upheld a judge’s ruling granting a taxpayer-funded sex change operation for a transgender inmate serving a life sentence for a murder conviction, saying receiving medically necessary treatment is a constitutional right that must be protected ‘even if that treatment strikes some as odd or unorthodox.’
U.S. 1st Circuit Court of Appeals Judges O. Rogeriee Thompson and William Kayatta Jr. said in their ruling that courts must not shrink from their obligation to enforce the constitutional rights of all people, including prisoners.
‘And receiving medically necessary treatment is one of those rights, even if that treatment strikes some as odd or unorthodox,’ they wrote.
One member of the three-judge appeals panel, Judge Juan Torruella, disagreed, saying in a separate opinion the ruling went beyond the boundaries of protections offered under the Eighth Amendment.
Judge Juan Torruella is a Reagan judge. Judge O. Rogeriee Thompson is a freakshow Obama judge. Judge William Kayatta Jr. is another Obama judges.