2 Obama Judges Say Constitution Entitles Wife-Killer to Sex Change Operation


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.

  • laura r

    so run this by me again. you want to sex change, youre not covered….. you get arrested, go to jail, start treatments. the question is this: @ what point are you switched to the female section? when do you get the new uniform? or is it unisex these days? these are pressing questions. nothing but the best for our citizens. its the american way.

  • Guest

    “Both parents were alcoholics. Kosilek later described Kosilek’s mother as a “vicious drunk” who beat her child with a lamp cord

    Kosilek later described Barron as an “insufferable bully” and an “aspiring gigolo”

    We have confounding variables.

    a.) Was Kosilek born this way irrespective of his mothers alcohol consumption?

    b.) Is it because of his mother’s alcoholism during pregnancy? Instead of Fetal alcohol syndrome he was afflicted with LGBT!

    c.) Is his sexual preference due to bad parenting? It is not so much choice or genetics as mental conditioning!

    d.) He is just mad at the world and like the pedo confined to a wheelchair is his going to bring on lawsuit after another to discomfit and bedevil the establishment any way he can. He’ll cut his by if he needs to accomplish this goal.

  • geist

    Both parents were alcoholics. Kosilek later described
    Kosilek’s mother as a “vicious drunk” who beat her child with a lamp

    Kosilek later described Barron as an “insufferable
    bully” and an “aspiring gigolo”

    There are so many variable here. They are “confounded”

    a.) Was Kosilek destined to be transgendered because
    of his innate genetics?

    b.) Is Kosilek transgendered because of epigenetics? His mother’s alcoholism instead of causing fetal alcohol syndrome caused transgender problems instead!

    c.) Is Kosilek transgendered because of mental abuse? In Kosilek his transgenderism is not due to choice or genetics but it the result of mental abuse by others against him!

    d.) Is Kosilek mad at the world for his present situation
    (incarceration) like the wheel chaired bound pedo who makes a living suing people,
    so he will file an avalanche of lawsuits to discomfit and bedevil the establishment no matter if he has to cut himself to do so?

    Where does the LEFT want to go with this?

  • Softly Bob

    I think this kind of proves a link between sexual deviation and mental illness. So you could claim that transexuals are not born that way as they often claim when they say ridiculous things like “I’m a woman trapped in a man’s body”, but are instead the product of a dysfunctional psychology.
    Unless of course, Kosilek wants to claim that the reason that he is a psycho murderer is because he was born that way!

    • John

      The various LGBT groups do not want to answer this question as an either/or type. They’ll also deny a correlation. To deal with it they will ignore this particular story but trumpet other stories so they can frame the narrative,.

  • truebearing

    Isn’t there something in the constitution that upholds his murdered wife’s rights? And how about something that ensures him the right to the right to a speedy trial and execution?

    • BS77

      Where in the Constitution is this “right”???? No where to be found. Liberalism is a mental disorder….(Mike Savage)…..

      • HazumuOsaragi

        That was addressed by the Supreme Court. Here’s an excerpt from Kosilek v Spencer:

        It may seem strange that in the United States citizens do not generally have a constitutional right to adequate medical care, but the Eighth Amendment promises prisoners such care. The Supreme Court recently explained the reason for this distinction:

        To incarcerate, society takes from prisoners the means to provide for their own needs. Prisoners are dependent on the State for food, clothing, and necessary medical care. A prison’s failure to provide sustenance for inmates may actually produce physical torture or a lingering death. Just as a prisoner may starve if not fed, he or she may suffer or die if not provided adequate medical care. A prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society.

        Brown v. Plata, 131 S. Ct. 1910, 1928 (2011) (internal quotations and citations omitted).

        • cjkcjk

          The salient aspect is ‘adequate medical care’ you deceiver.
          Your quoting and false morality is nothing but evil to advance evil.

          • HazumuOsaragi

            Again, why doesn’t this poster just dispense with anything other than an ad hominem attack.

            Twelve doctors with experience in gender issues said ‘adequate care’ includes gender reassignment surgery.

            To deny the patient adequate care as determined by 8 competent specialists and reviewed and approved by another 3 ‘overseer’ doctors is an administrator determining the ‘adequate’ treatment for acute appendicitis is aspirin.

          • Daniel Greenfield

            Gender is not a medical condition. Any doctor who claims to specialize in it is a fraud.

            You can find a doctor who will prescribe magic beans too

          • HazumuOsaragi

            The Massachusetts DOC had to go out of their way to find Dr. Chester Schmidt, a doctor whose speciality is ‘medical billing’, to say what they wanted to hear and provide a fig-leaf against the recommendation of 11 certified experts employed by the Commonwealth of Massachusetts.

          • objectivefactsmatter

            Who is going to spend their career trying to convince lunatics that they have no rational reason to mutilate their genitals when clearly the communists dupes like you have already bought in to it? There’s plenty of money to be made going with the politically correct view. And very little money to be made trying to save fools from their own insanity.

          • Daniel Greenfield

            If alternative medicine experts were admitted, then you could find 11 specialists to say that the tranny wife killer needed powdered rhino horn or crystal energy beams.

          • objectivefactsmatter

            “Gender is not a medical condition. Any doctor who claims to specialize in it is a fraud.”


            “12 doctors with experience dispensing snake oil tell us that the patient will die if we don’t…”

          • cjkcjk

            Again, calling out your deception is not an ad hominem attack.

          • HazumuOsaragi

            Again, a summary of court cases C.A. No. 92-12820-MLW and C.A. No. 00-12455-MLW

          • cjkcjk

            Again, you deceivers make simplicity complex in order to deceive the mentally and morally challenged.
            It is OBVIOUS to all sane, reasonable people that is case is wrong and destructive.
            Your ilk are the enemies of all just people.

          • HazumuOsaragi


          • cjkcjk

            ‘Ilk’ as in HazumuOsaragi, a person part of a group that deceives .

          • cjkcjk

            My definition of ilk would be a derogatory term for a group of evil people..
            In your case a group which defends immoral. destructive, idiocy that is clearly recognizable to any 8 year old with average intelligence

          • truebearing

            Lawyers, especially those engaged in criminal defense, are not primarily motivated by the truth, unless it helps them win. Much like the Left, they are only motivated by winning. No wonder they are in such close alliance.

            This subordination of truth to legal success has led to a massive distortion of our legal system, where case law trumps the constitution and common sense. You are clearly making legal sophistry your standard method of debate.

          • truebearing

            Ad hominem reasoning is not automatically false. In cjk’s reply to your sophistry it is factually correct.

            Your non sequitur interpretation of the cited Supreme Court hinges on the definitions of “sustenance” and “necessary.” You assume uncommon definitions of both words to facilitate your deceptive argument.

            No one is sustained by, or needs, a sex change operation. Kosilek will still be a deranged psychopath whether he gets the operation or not.

          • objectivefactsmatter

            “Twelve doctors with experience in gender issues said ‘adequate care’ includes gender reassignment surgery.”

            All 12 doctors were screened for their specialty, correct? Why shouldn’t half of them be skeptics?

            Nobody ever claimed that doctors are somehow unbiased in every respect. It’s very easy to stack the deck with people that are like the proverbial carpenters with their hammers. Everything’s a nail to them.

          • pupsncats

            What is “experience in gender issues”? Doctors who agree with the politically correct but false term “gender” rather than sex, invented by those confused about whether they are male or female?

        • objectivefactsmatter

          “necessary medical care”

          We’re questioning the scope of what is necessary.

        • pupsncats

          Did this decision define what adequate medical care is and if so, what sources did they use in their definition?

          • HazumuOsaragi

            Adequate medical care requires treatment by qualified personnel, who provide services that are of a quality acceptable when measured by prudent professional standards in the community. Adequate care is tailored to an inmate’s particular medical needs and is based on medical considerations. Absent legitimate countervailing penological considerations, adequate care addresses the cause of the person’s suffering rather than merely the symptoms. As the Seventh Circuit recently wrote in finding that a statute prohibiting hormones and s€x reassignment surgery for all prisoners violated the Eighth Amendment:

            Surely, had the Wisconsin legislature passed a law that DOC inmates with cancer must be treated only with therapy and pain killers, this court would have no trouble concluding that the law was unconstitutional. Refusing to provide effective treatment for a serious medical condition serves no valid penological purpose and amounts to torture.

            Fields, 653 F.3d at 556 (citation omitted).

            An inmate is not entitled to ideal care or the care of his choice. Courts must defer to the decisions of prison officials concerning what form of adequate treatment to provide an inmate. However, courts must decide if the care being provided is minimally adequate.

          • HazumuOsaragi

            I think the nanny filter here is set a wee bit too tightly. I suspect the triggering word was the plaintext version of $€X, as in ‘$€X reassignment surgery’.

          • HazumuOsaragi

            Here’s the reply:

          • pupsncats

            According to the last paragraph, its the prison officials who determine what “form of adequate treatment to provide an inmate” and then judges decide if that care is “minimally adequate.”

            That explains it. Prison officials are, I’m sure, medical experts or at least, experts at convincing qualified medical personnel to agree to whatever it is the inmate wants to keep order within the prison.

            I imagine if a female inmate wanted breast enlargements or botox treatments, prison officials could find them medically necessary.

            Isn’t it wonderful how much better murderers and criminals are treated than their victims and at taxpayer expense.

    • objectivefactsmatter

      Victims don’t have rights. Only reactionaries think like that.

  • Gee

    Like the man that appointed them – neither are familiar with the document in question.

    There is no such right and there should both be impeached for lack of qualification for the position they hold

  • Habbgun

    Unless of course you have advanced stage cancer. Then treatment is not a medical necessity because dying with state mandated dignity is an actual medical solution. So let’s say I kill someone. Do I have to get treatment that would otherwise be a waste to anyone not incarcerated?

  • Yulia Demkin

    Being born a male is not a medical condition requiring surgical treatment.

    Being born a male and thinking you are a woman is a mental condition requiring mental treatment.

    Apparently being an Obama supporter is also a mental condition.

    • truebearing

      Irrefutable logic.

  • objectivefactsmatter

    It’s just common sense. We must treat sick inmates.

    Anybody got a rope?

    • HazumuOsaragi

      Anybody got a rope?

      You’re advocating for a lynch party.

      • Daniel Greenfield

        Of a brutal killer who gets to live on and enjoy the benefits of free surgery

        • HazumuOsaragi

          … like hip replacements, like knee replacements, like liver transplants, like heart bypass surgery. All these are more expensive than GRS, all these have been performed on brutal killers where competent medical specialists deemed them necessary adequate treatment.

          • truebearing

            Where is the logic of prolonging a life that deserves to be ended?

          • HazumuOsaragi

            I’ll put you down as supporting a robust capital punishment.

          • truebearing

            I support capital punishment where it is clearly deserved after a fair trial with overwhelming evidence.

            I’ll put you down as one who will torture common definitions to further a political agenda.

          • objectivefactsmatter

            If we’re going to ration medicine for ordinary law abiding citizens…

            Rationing medicine isn’t even close to capital punishment. Or was Palin correct about those death panels?

          • objectivefactsmatter

            We get it. You’re a leftist dupe.

          • Daniel Greenfield

            I don’t care for murderers getting those, but some of these procedures are the different between life and death or the difference between life in a wheelchair and they do treat real medical problems

            Wanting to wear a dress is not a medical problem that requires surgical intervention

      • objectivefactsmatter

        What I’m actually saying in context is that as a judge I would sooner hang him than pay for a sex change operation.

        I can see how my sarcastic joke was open to multiple interpretations. I would not hang the guy because the judge is stupid.

        Of course inmates are going to be unhappy and try to demand stuff. This is the judge’s fault, and the fault of the insane people that advocate in favor of such luxuries being provided free to anyone, never mind criminals.

  • CowboyUp

    Under obamacare and the resulting single payer system, things like hip replacement will be unnecessary treatment for law abiding citizens, and sex change drugs and operations will become necessary treatment for inmates.
    Either the obama judges should pay for it out of their own pockets, or the surgery should be performed with no anesthesia using a butter knife.

  • HazumuOsaragi

    Over a period of about 12 years, The Commonwealth of Massachussetts Department of Corrections (DOC) brought in 8 medical experts to evaluate Kosilek.

    The first doctor recommended that Kosilek’s gender disphoria was so severe that surgery was necessary in this case.

    The DOC thanked and dismissed the medical expert, and engaged another, who found that Kosilek’s gender disphoria was so severe that surgery was necessary in this case.

    Lather, rinse and repeat 6 more times, until the head of Massachussetts DOC went doctor-shopping to find someone who would give the opinion that surgery was unwarranted. That doctor, Dr. Chester Schmidt, was an expert in – wait for it – ‘medical billing’.

    The Commonwealth of Massachussetts Department of Corrections has spent $3-million on trying to not be the first state ever to perform a gender-reassignment surgery on an inmate, so this is no longer about ‘trying to save the taxpayers’ money, instead spending 40 times more than if they’d just went ahead and performed the surgery.

    • cjkcjk

      Sometimes money is needed to be spent in order to save money in the long run you destroyer of good.
      YOU are my enemy and the enemy of all moral people you deceiver.

      • HazumuOsaragi

        Hmn. I wonder why this poster bothered with anything other than the ad hominem attack…

        • cjkcjk

          Calling out your deception is not an ad hominem attack.

          • HazumuOsaragi

            What deception, pray tell, is that?

            What I posted was a summary of court cases C.A. No. 92-12820-MLW and C.A. No. 00-12455-MLW

            Would you like to google them yourself, or should I post links? Does this site abide links? some don’t.

          • cjkcjk

            As usual your ilk makes simplicity complex.
            Any morally sane person can see the OBVIOUS wrong in this case you twit.
            You are my and all other decent people’s enemy.

          • HazumuOsaragi

            What’s an ‘ilk’, aside from an emotionally loaded term?

            ‘you twit,’ is pretty direct. Would you like to try more *erm* ‘colorful’ language?

            You are my and all other decent people’s enemy.

            I should inform you that the military tends to concentrate latent transpeople – the male-to-females because serving might ‘make a man’ out of them, the female-to-males because it allows them to behave in socially-approved masculine manner. All get to play with weaponry. Some become rangers or seals. Google COL Diane Schroer and Senior Chief Petty Officer Kristen Beck for a couple of very bada$$ examples or your enemies.

          • cjkcjk

            Ilk is an accurate description of you and your type, ‘ilk’.
            Twit is also an accurate description of you and your ilk.
            Not even worth reading your worthless babble.
            You and your ilk are indeed the enemies of good.
            As far as evil people with power and weaponry go, try reading some history twit.

          • cjkcjk

            Saw you wring, but you stopped. Why? Because I refuse to play your semantic game as usually employed by the Left?
            That i answer your ‘intellectual’ arguments meant to deceive with the simple truth?
            No surprise in that you fools can never argue with truth.

          • HazumuOsaragi

            I’m starting to see word-salad here…

            I’m not trying to change your mind. Only you can change your mind, and you have no reason to.

            Why should I engage in a battle of withs with someone who has unilaterally disarmed?

            Dreezle, Drizzle, Drazle, Drome,
            Time for this one to go home…

          • cjkcjk

            Anyone with half a brain and morals can see the case you defend is perverse and destructive to society and yet you trumpet your intelligence?

          • objectivefactsmatter

            “Does this site abide links?”


    • glpage

      Part of the judgement you quoted says:

      “A prison that deprives prisoners of basic sustenance, including adequate
      medical care, is incompatible with the concept of human dignity and has
      no place in civilized society.”

      Is the sex change operation more than adequate medical care? Any response other than “yes” would be disingenuous. Kosilek does not require the reassignment to live and to live in a healthy manner. He is discontented with the fact he is male (or so he says). I am discontented with the fact I’m not filthy rich; but I’m pretty sure it is something I can live with even though I know I really need a Ferrari.

      • HazumuOsaragi

        Please provide your CV and references that say you have the training and experience to determine that surgery is never warranted in the treatment of gender disphoria.

        I get that it’s an emotional reaction to something you have no experience with. It’s like a muslim confronting a ham sandwich in the flesh for the first time – there’s a certain amount of irrational revulsion.

        Having never had gender disphoria, you’re certain it doesn’t exist. Thus you want everybody to know you’re normal, and anybody who would transition to the other team must be sick. I get that.

        Bottom line, though, is a large percentage of people with untreated gender disphoria die from it – much moreso than people with untreated schizophrenia.

        Finally, people with your position on transgender issues are a dime a dozen. I’m not answering you directly, merely addressing the misconceptions raised in this particular post. If you want to take this as some kind of personal reply, by all means render thyself unconscious.

        • Drakken

          Here is my response to your justifying the unjustifiable, I don’t give a rats azz period! Hang the SOB and be done with it.

        • Daniel Greenfield

          Being born a man is not a medical problem. Having issues with that is a psychological problem that does not require surgery.

          We do not give fur transplants to people who think they are wolves.

        • objectivefactsmatter

          What if the patient is confused and thinks he has (nor needs) no head?

          How do you treat that? You don’t cut it off, do you?

    • Daniel Greenfield

      Fighting unnecessary surgery for a non-medical condition saves money since it sets a precedent for every other freak who wants a surgeon to castrate him so he can feel better about wearing a dress in prison

    • Habbgun

      I see your point and you are right in a sense. Here is the problem. He is a man guilty of murder. At some point his mental well being takes second place to the fact he has forced the state to incarcerate him otherwise he will find another victim (lather rinse repeat slashing). Why does this culture insist on medical treatment of this nature? It is not cruel and unusual punishment to deny someone this kind of treatment. You will not find a lot of happy stories in the prison system. At some point a prisoner is adequately cared for especially since this treatment will not make him any more mentally balanced. I have known chaplains and they do not have much sympathy for inmates. The manipulation does not end when you give in to a demand. There is another and another. He will not be any easier to handle. He will not suddenly improve. The taxpayer will gain nothing and more importantly Kosilek will gain nothing. The truth is there are inmates who are decent and really have made mistakes from which they will move on from. They realize their lives will begin again when they leave the corrections system. Their demands are to be safe and cared for until they can rejoin society. That is a reasonable standard for the prison system and one that should be met. That is what the state needs to stand up for.

    • Drakken

      Get a goddamn rope and be done with it, I don’t give a rats azz if the entire medical profession said it, I don’t effing care, get rid of the murdering SOB and be done with it.

  • HazumuOsaragi

    The flip side is that we let politicians, administrators, and bureaucrats practice medicine. Oh, wait, we already have that with the current for-profit system. The best medical care I ever had was while I was on Active Duty – at least until in the wake of the defeat of Willie-Care, they transformed it to waddle and quack like a for-profit HMO. The level of care went into the toilet after that.

    • truebearing

      You must oppose Obamacare then, since it denies care to seniors. It goes so far as to prohibit doctors from giving necessary care to people who will pay out of pocket. I’m sure you will find that abhorrent and will protest it tirelessly.

  • pupsncats

    First, where in the Constitution does it say there is a right to medically necessary treatment?

    Secondly, who decided that a sex change operation is medically necessary and where did that authority come from?

    Thirdly, this kind of social engineering from the court is entirely predictable. Our judicial system is no longer concerned about the intent of the Constitution but how it can be twisted to put into law the personal preferences of the judges who are supposed to be impartial and base their decisions on the intent of the laws, not what they would like the laws to mean.

    Fourthly, our medical community has been willing to bow down to political correctness rather than stand up for the first principle of medicine, “do no harm”, while also forced to practice medicine according to government directives rather than through their knowledge of science and medicine.

    This ruling is not only a clear indicator that our system of justice is as corrupt as and has as corrupting an influence as our government.

  • Will R

    Is there no mental evaluation before judges are confirmed?