News
Court: Trans inmate must receive gender reassignment surgery
Panel says denying procedure to prisoner cruel and unusual punishment

The First Circuit Court of Appeals ruled a trans inmate must receive gender reassignment surgery. (Image via wikimedia)
A federal appeals court ruled on Friday that a transgender inmate incarcerated for murdering her spouse must receive taxpayer-funded gender reassignment surgery that was prescribed by her doctors.
In a 2-1 decision, a three-judge panel on the First Circuit Court of Appeals ruled that denying the procedure to Michelle Kosilek, who was sentenced to life in prison for murdering his spouse in 1990, amounts to cruel and unusual punishment under the Eight Amendment to the U.S. Constitution.
The 90-page ruling was written by U.S. Circuit Judge Ojetta Rogeriee Thompson, an Obama appointee, who asserted the Massachusetts Department of Corrections denied Kosilek essential medical care by withholding from her gender reassignment surgery.
“Those findings — that Kosilek has a serious medical need for the surgery, and that the DOC refuses to meet that need for pretextual reasons unsupported by legitimate penological considerations — mean that the DOC has violated Kosilek’s Eighth Amendment rights,” Thompson writes.
The ruling upholds a decision from U.S. District Judge Mark Wolf in 2012 asserting Kosilek has a right to gender reassignment surgery. The decision was controversial — even among progressive leaders. Then-U.S. Senate candidate Elizabeth Warren (D-Mass.) said she didn’t think the surgery was a good use of taxpayer dollars.
Transgender rights groups lauded the decision from the First Circuit on the basis that prisoners — even those who are transgender — have a right to medical care during their incarceration.
Mara Keisling, executive director of the National Center for Transgender Rights, said the ruling “affirms the increasing consensus among the courts” that transgender-related health care is a right protected under the Constitution.
“Prisoner or not, people should have access to the healthcare they need,” Keisling said. “For some of us, that means sex reassignment surgery. While we celebrate today’s ruling, we know there’s more advocacy needed to ensure that all transgender people have access to basic and necessary healthcare.”
Ilona Turner, legal director for the Transgender Law Center, said the First Circuit ruling upholds a constitutional right to essential medical treatment in prison.
“It is well established that the failure to provide essential medical care to people in prison is unconstitutional and amounts to torture,” Turner said. “This decision affirms that we as a society do not allow people to be tortured when they are in government custody.”
Afflicted with drug and alcohol problems at an early age, Kosilek in 1992 was sentenced to life in prison after strangling her spouse Cheryl McCaul, a volunteer counselor at a drug rehabilitation facility. The incident took place after McCaul caught Kosilek wearing her clothing.
Kosilek is serving her sentence in MCI-Norfolk, a medium security male prison, where she legally changed her name from Robert to Michelle. She must receive gender reassignment surgery through taxpayer-provided funds because, as an inmate in prison, she lacks access to her own finances for the procedure.
The estimated cost for male-to-female reassignment is $7,000 to $24,000. A footnote in the First Circuit decision notes that figure “pales in comparison to the amount of money it seems the state will be expending to defend this lawsuit.”
U.S. Circuit Judge Juan Torruella, a Reagan appointee who wrote the dissent in the decision, said he doesn’t find any reason to require Massachusetts to provide gender reassignment surgery to Kosilek when other treatments are available.
“[G]iving due consideration to countervailing security concerns and based on a review of the record that shows the DOC’s proposed care was not outside the realm of professionalism, I cannot say that the DOC has failed to adequately care for Kosilek’s GID or callously ignored her pain,” Torruella writes.
The decision could be appealed to the full First Circuit or the U.S. Supreme Court. The office of Massachusetts Attorney General Martha Coakley declined to comment on the next steps in the lawsuit.
Cara Savelli, a spokesperson for the Massachusetts Department of Correction, said the court ruling is under review.
“We are closely reviewing the lengthy decision issued today by the First Circuit Court of Appeals on this matter to determine next steps,” Savelli said.
Books
New book profiles LGBTQ Ukrainians, documents war experiences
Tuesday marks four years since Russia attacked Ukraine
Journalist J. Lester Feder’s new book profiles LGBTQ Ukrainians and their experiences during Russia’s war against their country.
Feder for “The Queer Face of War: Portraits and Stories from Ukraine” interviewed and photographed LGBTQ Ukrainians in Kyiv, the country’s capital, and in other cities. They include Olena Hloba, the co-founder of Tergo, a support group for parents and friends of LGBTQ Ukrainians, who fled her home in the Kyiv suburb of Bucha shortly after Russia launched its war on Feb. 24, 2022.
Russian soldiers killed civilians as they withdrew from Bucha. Videos and photographs that emerged from the Kyiv suburb showed dead bodies with their hands tied behind their back and other signs of torture.

Olena Shevchenko, chair of Insight, a Ukrainian LGBTQ rights group, wrote the book’s forward.

The book also profiles Viktor Pylypenko, a gay man who the Ukrainian military assigned to the 72nd Mechanized Black Cossack Brigade after the war began. Feder writes Pylypenko’s unit “was deployed to some of the fiercest and most important battles of the war.”
“The brigade was pivotal to beating Russian forces back from Kyiv in their initial attempt to take the capital, helping them liberate territory near Kharkiv and defending the front lines in Donbas,” wrote Feder.
Pylypenko spent two years fighting “on Ukraine’s most dangerous battlefields, serving primarily as a medic.”
“At times he felt he was living in a horror movie, watching tank shells tear his fellow soldiers apart before his eyes,” wrote Feder. “He held many men as they took their final breaths. Of the roughly one hundred who entered the unit with him, only six remained when he was discharged in 2024. He didn’t leave by choice: he went home to take care of his father, who had suffered a stroke.”
Feder notes one of Pylypenko’s former commanders attacked him online when he came out. Pylypenko said another commander defended him.
Feder also profiled Diana and Oleksii Polukhin, two residents of Kherson, a port city in southern Ukraine that is near the mouth of the Dnieper River.
Ukrainian forces regained control of Kherson in November 2022, nine months after Russia occupied it.
Diana, a cigarette vender, and Polukhin told Feder that Russian forces demanded they disclose the names of other LGBTQ Ukrainians in Kherson. Russian forces also tortured Diana and Polukhin while in their custody.
Polukhim is the first LGBTQ victim of Russian persecution to report their case to Ukrainian prosecutors.

Feder, who is of Ukrainian descent, first visited Ukraine in 2013 when he wrote for BuzzFeed.
He was Outright International’s Senior Fellow for Emergency Research from 2021-2023. Feder last traveled to Ukraine in December 2024.
Feder spoke about his book at Politics and Prose at the Wharf in Southwest D.C. on Feb. 6. The Washington Blade spoke with Feder on Feb. 20.
Feder told the Blade he began to work on the book when he was at Outright International and working with humanitarian groups on how to better serve LGBTQ Ukrainians. Feder said military service requirements, a lack of access to hormone therapy and documents that accurately reflect a person’s gender identity and LGBTQ-friendly shelters are among the myriad challenges that LGBTQ Ukrainians have faced since the war began.
“All of these were components of a queer experience of war that was not well documented, and we had never seen in one place, especially with photos,” he told the Blade. “I felt really called to do that, not only because of what was happening in Ukraine, but also as a way to bring to the surface issues that we’d had seen in Iraq and Syria and Afghanistan.”

Feder also spoke with the Blade about the war’s geopolitical implications.
Russian President Vladimir Putin in 2013 signed a law that bans the “promotion of homosexuality” to minors.
The 2014 Winter Olympics took place in Sochi, a Russian resort city on the Black Sea. Russia annexed Crimea from Ukraine a few weeks after the games ended.
Russia’s anti-LGBTQ crackdown has continued over the last decade.
The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it. The Russian Justice Ministry last month designated ILGA World, a global LGBTQ and intersex rights group, as an “undesirable” organization.
Ukraine, meanwhile, has sought to align itself with Europe.
Ukrainian President Volodymyr Zelenskyy after a 2021 meeting with then-President Joe Biden at the White House said his country would continue to fight discrimination based on sexual orientation and gender identity. (Zelenskyy’s relationship with the U.S. has grown more tense since the Trump-Vance administration took office.) Zelenskyy in 2022 publicly backed civil partnerships for same-sex couples.
Then-Ukrainian Ambassador to the U.S. Oksana Markarova in 2023 applauded Kyiv Pride and other LGBTQ and intersex rights groups in her country when she spoke at a photo exhibit at Ukraine House in D.C. that highlighted LGBTQ and intersex soldiers. Then-Kyiv Pride Executive Director Lenny Emson, who Feder profiles in his book, was among those who attended the event.
“Thank you for everything you do in Kyiv, and thank you for everything that you do in order to fight the discrimination that still is somewhere in Ukraine,” said Markarova. “Not everything is perfect yet, but you know, I think we are moving in the right direction. And we together will not only fight the external enemy, but also will see equality.”
Feder in response to the Blade’s question about why he decided to write his book said he “didn’t feel” the “significance of Russia’s war against Ukraine” for LGBTQ people around the world “was fully understood.”
“This was an opportunity to tell that big story,” he said.
“The crackdown on LGBT rights inside Russia was essentially a laboratory for a strategy of attacking democratic values by attacking queer rights and it was one as Ukraine was getting closet to Europe back in 2013, 2014,” he added. “It was a strategy they were using as part of their foreign policy, and it was one they were using not only in Ukraine over the past decade, but around the world.”
Feder said Republicans are using “that same strategy to attack queer people, to attack democracy itself.”
“I felt like it was important that Americans understand that history,” he said.
Netherlands
Rob Jetten becomes first gay Dutch prime minister
38-year-old head of government sworn in on Monday
Rob Jetten on Monday became the Netherland’s first openly gay prime minister.
Jetten’s centrist D66 party won the country’s elections last October, narrowly defeating Geert Wilders’ far-right Party for Freedom.
King Willem-Alexander on Monday swore in Jetten, who is also the country’s youngest-ever prime minister. The Associated Press notes Jetten’s coalition government includes the center-right Christian Democrats and the center-right People’s Party for Freedom and Democracy.
“Proud to be able to do this together,” said Jetten in an X post before Willem-Alexander swore him in.
COC Nederland, a Dutch LGBTQ advocacy group, in a statement said Jetten “becoming prime minister shows that your sexual orientation doesn’t have to matter.”
“You can become a construction worker, a doctor, a lawyer, and even prime minister,” said COC Nederland.
The advocacy group noted Jetten has said his government will implement its “Rainbow Agreement” that include calls for strengthening nondiscrimination laws “to better protect transgender and intersex people,” appointing more “discrimination investigators … to address violence against LGBTQ+ people and other minorities,” and introducing measures “to promote acceptance in schools.”
“COC will hold the Cabinet to that promise,” said COC Nederland.
Jetten’s fiancé is Nicolás Keenen, an Argentine field hockey player who competed in the 2024 Summer Olympics in Paris.
Jetten is one of two openly gay heads of government: Andorran Prime Minister Xavier Espot Zamora came out in 2023. Gay Latvian President Edgars Rinkēvičs, who is the country’s head of state, took office in 2023.
Leo Varadkar, who was Ireland’s prime minister from 2017-2020 and from 2022-2024, and Xavier Bettel, who was Luxembourg’s prime minister from 2013-2023, are gay. Ana Brnabić, who was Serbia’s prime minister from 2017-2024, is a lesbian.
Former Icelandic Prime Minister Jóhanna Sigurðardóttir in 2009 became the world’s first openly lesbian head of government. Former Belgian Prime Minister Elio Di Rupo, former San Marino Captain Regent Paolo Rondelli, and former French Prime Minister Gabriel Attal are also openly gay.
Colombian presidential candidate Claudia López, who is the former mayor of Bogotá, the Colombian capital, would become her country’s first female and first lesbian president if she wins the country’s presidential election that is taking place later this year.
District of Columbia
D.C. police arrest man for burglary at gay bar Spark Social House
Suspect ID’d from images captured by Spark Social House security cameras
D.C. police on Feb. 18 arrested a 63-year-old man “of no fixed address” for allegedly stealing cash from the registers at the gay bar Spark Social House after unlawfully entering the bar at 2009 14th St., N.W., around 12:04 a.m. after it had closed for business, according to a police incident report.
“Later that day officers canvassing for the suspect located him nearby,” a separate police statement says. “63-year-old Tony Jones of no fixed address was arrested and charged with Burglary II,” the statement says.
The police incident report states that the bar’s owner, Nick Tsusaki, told police investigators that the bar’s security cameras captured the image of a man who has frequently visited the bar and was believed to be homeless.
“Once inside, the defendant was observed via the establishment’s security cameras opening the cash register, removing U.S. currency, and placing the currency into the left front pocket of his jacket,” the report says.
Tsusaki told the Washington Blade that he and Spark’s employees have allowed Jones to enter the bar many times since it opened last year to use the bathroom in a gesture of compassion knowing he was homeless. Tsusaki said he is not aware of Jones ever having purchased anything during his visits.
According to Tsusaki, Spark closed for business at around 10:30 p.m. on the night of the incident at which time an employee did not properly lock the front entrance door. He said no employees or customers were present when the security cameras show Jones entering Spark through the front door around 12:04 a.m.
Tsusaki said the security camera images show Jones had been inside Spark for about three hours on the night of the burglary and show him taking cash out of two cash registers. He took a total of $300, Tsusaki said.
When Tsusaki and Spark employees arrived at the bar later in the day and discovered the cash was missing from the registers they immediately called police, Tsusaki told the Blade. Knowing that Jones often hung out along the 2000 block of 14th Street where Spark is located, Tsusaki said he went outside to look for him and saw him across the street and pointed Jones out to police, who then placed him under arrest.
A police arrest affidavit filed in court states that at the time they arrested him police found the stolen cash inside the pocket of the jacket Jones was wearing. It says after taking him into police custody officers found a powdered substance in a Ziploc bag also in Jones’s possession that tested positive for cocaine, resulting in him being charged with cocaine possession in addition to the burglary charge.
D.C. Superior Court records show a judge ordered Jones held in preventive detention at a Feb. 19 presentment hearing. The judge then scheduled a preliminary hearing for the case on Feb. 20, the outcome of which couldn’t immediately be obtained.
