BOSTON (CBS) – The state will appeal a judge’s order to provide sex-reassignment surgery to a transgender inmate serving life in prison for murder.

U.S. District Judge Mark Wolf granted the taxpayer funded operation to Michelle Kosilek, who was born as a man but has received hormone treatments and lives as a woman in an all-male prison.

In his ruling, Wolf found that surgery is the “only adequate treatment” for Kosilek’s “serious medical need.”

The Department of Correction released the following statement:

“The Department of Correction will appeal the federal district court’s ruling in the Kosilek vs. Spencer case. Following a thorough review of the decision, we believe the court failed to give due deference to the fact that the Department has and continues to provide adequate medical treatment to address inmate Kosilek’s gender identity disorder. We also found the opinion improperly discredits the legitimate safety concerns trained correctional professionals testified will arise if sex reassignment surgery is performed. The Department’s argument will not center on whether this surgery is a necessary and appropriate treatment for an individual with this particular disorder. Our responsibilities lie with providing certain levels of medical treatment and keeping the inmates in our care and the public at large safe. We believe appealing this decision will allow us to meet those critical responsibilities.”


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