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.
District of Columbia
How Pepper the courthouse dog helps victims of abuse
Reshaping how the legal system balances compassion with procedure
Deborah Kelly’s blind husband, Alton, was dragged for blocks to his death by a hit-and-run driver who had already plowed into her on Alabama Ave., S.E., in June 2024.
But her trauma had only just begun. It took 10 months before the driver, Kenneth Trice, Jr., was arrested, and another six months before he was sentenced to just six months behind bars.
As she heaved and sobbed in the courtroom in November, Kelly had a steady four-legged presence by her side: Pepper the Courthouse Dog, as the black Labrador retriever is known in D.C. Superior Court.
Abby Stavitsky, a former federal prosecutor who now serves as a victims’ advocate, is the owner and handler of nine-year-old Pepper. She says that one of the things that has made Pepper such a great asset in the court in the past six years is the emotional support and comfort she provides to victims.
“She absorbs all of the feelings and the emotions around her, but she’s very good at handling it,” Stavitsky said.
Pepper and Stavitsky started working in Magistrate Judge Mary Grace Rook’s courtroom — and now works in Magistrate Judge Janet Albert’s — to provide support for youth who suffer trauma, especially young survivors of commercial sexual exploitation.
These specially trained dogs offer emotional support to trauma victims of all ages. Courthouse dogs can reduce victims’ and witnesses’ anxiety and stress, making it easier for them to provide clear statements in the courtroom, according to a 2019 report in the Criminal Justice Review.
“Having something to pet and interact with is a distraction that results in victims being calmer when testifying in court,” says Stavitsky. “This gives them an extra level of comfort.”
What brought Stavitsky and Pepper together
Stavitsky, who spent 25 years as an assistant U.S attorney, handled a lot of victim-based crimes, mostly domestic violence and sex offenses. She was also a dog lover, and once she learned about courthouse dogs and their use, she was inspired.
In 2019, Pepper was given to Stavitsky by a Massachusetts-based organization, NEADS, formerly known as the National Education for Assistance Dog Services. Although Pepper was originally trained to be a service dog, evaluators determined her character was best suited for a courthouse dog.
Pepper now works regularly in various treatment court cases involving juveniles, many of whom have experienced trauma or are involved in the child welfare system. She also sits with victims while they are testifying in a trial.
“She loves people, especially children,” Stavitsky said. “She loves that interaction.”
Courthouse dogs have a long history
In courthouses across the U.S. specially trained “facility dogs” are becoming an important part of how the justice system supports vulnerable victims and witnesses.
Since the late 1980s, these dogs were used to help trauma survivors and anxious children during testimonies and interviews. The first dog to make an appearance in a courtroom was Sheba, a German shepherd who assisted child sexual abuse victims in the Queens (N.Y.) District Attorney’s Office. Courthouse dogs help them communicate more clearly, especially in these settings that make them anxious and stressed.
Unlike service dogs, courthouse facility dogs are professionally trained through accredited assistance dog organizations and work daily alongside prosecutors, victim advocates, and forensic interviewers. For example, courthouse dogs can have more social interaction, unlike service dogs.
Courthouse dogs’ growing use has prompted state laws and professional guidelines to recognize the dogs as a trauma-informed tool that helps victims participate in the justice process without compromising courtroom fairness.
As more jurisdictions adopt these programs, courthouse dogs are reshaping how the legal system balances compassion with procedure, ensuring that victims’ voices can be heard in environments that might otherwise silence them.
Pepper makes it easy to see why.
“I really love people, especially kids, and can provide emotional support and comfort during all stages of the court process,” reads the business card Stavitsky hands out with Pepper’s picture. “I’m calm, quiet and can stay in place for several hours.”
(This article was written by a student in the journalism program at Bard High School Early College DC. This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser.)
Rehoboth Beach
Women’s FEST returns to Rehoboth Beach next week
Golf tournament, mini-concerts, meetups planned for silver anniversary festival
Women’s+ FEST 2026 will begin on Thursday, April 9 at CAMP Rehoboth Community Center.
The festival will celebrate a remarkable milestone in 2026: its silver anniversary. For 25 years, Women’s+ FEST has brought fun and entertainment for all those on the spectrum of the feminine spirit. There will be a variety of events including a golf tournament, mini-concerts and happy hour meetups.
For more information, visit Camp Rehoboth’s website.
Belarus
Belarusian lawmakers approve bill to crackdown on LGBTQ rights
Country’s president known as ‘Europe’s last dictator’
Lawmakers in Belarus on Thursday approved a bill that would allow the government to crack down on LGBTQ advocacy.
The Associated Press notes the bill would punish anyone found guilty of “propaganda of homosexual relations, gender change, refusal to have children, and pedophilia” with fines, community labor, and 15 days in jail.
The House of Representatives, the lower house of the Belarusian National Assembly, last month approved the bill. The Council of the Republic, which is the parliament’s upper chamber, passed it on Thursday.
President Alexander Lukashenko is expected to sign it.
Belarus borders Poland, Ukraine, Russia, Latvia, and Lithuania. Lukashenko — known as “Europe’s last dictator” is a close ally of Russian President Vladimir Putin.
Kazakhstan is among the countries that have enacted Russian-style anti-LGBTQ propaganda laws in recent years.
Vika Biran, a Belarusian LGBTQ activist, is among those arrested during anti-Lukashenko protests that took place in 2020 after he declared victory in the country’s presidential election.
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