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Court: Trans inmate must receive gender reassignment surgery

Panel says denying procedure to prisoner cruel and unusual punishment

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National LGBT Bar Association, Gay News, Washington Blade

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.

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Iran

LGBTQ groups condemn Trump’s threat to destroy Iranian civilization

Ceasefire announced less than two hours before Tuesday deadline

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President Donald Trump (Washington Blade photo by Michael Key)

The Council for Global Equality is among the groups that condemned President Donald Trump on Tuesday over his latest threats against Iran.

Trump in a Truth Social post said “a whole civilization will die tonight” if Tehran did not reach an agreement with the U.S. by 8 p.m. ET. on Tuesday.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

Israel and the U.S. on Feb. 28 launched airstrikes against Iran.

One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.

Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.

Trump less than 90 minutes before his deadline announced a two-week ceasefire with Iran that Pakistan helped broker.

“We the undersigned human rights, humanitarian, civil liberties, faith-based and environmental organizations, think tanks and experts are deeply alarmed by President Trump’s threat regarding Iran that ‘a whole civilization will die tonight’ if his demands are not met. Such language describes a grave atrocity if carried out,” reads the statement that the Council for Global Equality more than 200 other organizations and human rights experts signed. “A threat to wipe out ‘a whole civilization’ may amount to a threat of genocide. Genocide is a crime defined by the Genocide Convention and by the Rome Statute of the International Criminal Court as committing one or more of several acts ‘with intent to destroy in whole or in part a national, racial or religious groups as such.'”

The statement states “the law is clear that civilians must not be targeted, and they must also be protected from indiscriminate or disproportionate attacks.”

“Strikes on civilian infrastructure — such as the recent attack on a bridge and the attacks President Trump is repeatedly threatening to carry out to destroy power plants — have devastating consequences for the civilian population and environment,” it reads.

“We urge all parties to respect international law,” adds the statement. “Those responsible for atrocities, including crimes against humanity and war crimes, can and must be held accountable.”

The Alliance for Diplomacy and Justice, Amnesty International USA, Human Rights Watch, the American Civil Liberties Union, the NAACP, MADRE, and the Robert and Ethel Kennedy Human Rights Center are among the other groups that signed the letter.

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National

Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

Glisten’s 30th annual Day of Silence will take place on April 10.

The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth. 

It takes place annually and has multiple ways for supporters to get involved in the movement. 

Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence. 

There are three main ways for the community to get involved in the Day of Silence. 

Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…” 

Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link. 

Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence. 

Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence. 

“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”

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District of Columbia

D.C. Council member honored by LGBTQ homeless youth group

Doni Crawford receives inaugural Wanda Alston Legacy Award

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Wanda Alston Foundation Director Cesar Toledo presents the Wanda Alston Legacy Award to DC Councilmember Doni Crawford at an April 7 award event at Crush Bar. (Washington Blade photo by Lou Chibbaro, Jr.)

About 100 people turned out Tuesday evening, April 7, for a presentation by D.C.’s Wanda Alston Foundation of its inaugural Wanda Alston Legacy Award  to D.C. Council member Doni Crawford (I-At-Large) for her support for the foundation’s mission to support homeless LGBTQ youth. 

Among those who attended the event was Japer Bowles, director of D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs, who delivered an official proclamation issued by Bowser declaring April 7, 2026 “A Day of Remembrance for Wanda Alston.”

Alston, a beloved women’s and LGBTQ rights activist, served as the city’s first director of the then newly created Office of LGBTQ Affairs under then-Mayor Anthony Williams from 2004 until her death by murder on March 16, 2005.

To the shock and dismay of fellow LGBTQ rights advocates, police and court records reported Alston, 45, was stabbed to death inside her Northeast D.C. house by a man high on crack cocaine who lived nearby and who stole her credit cards and car. The perpetrator, William Martin Parrott, 38, was arrested by D.C. police the next day and later pleaded guilty to second-degree murder. He was sentenced in July 2005 to 24 years in prison. 

Crawford was among those attending the award event who reflected on Alston’s legacy and outspoken advocacy for LGBTQ and feminist causes.

“I am deeply humbled and honored to receive this inaugural award,” Crawford told the Washington Blade at the conclusion of the event. “I think the world of Wanda Alston. She has set such a great foundation for me and other Council members to build on,” she said.

“Her focus on inclusivity and intersectionality is really important as we approach this work,” Crawford added. “And it’s going to guide my work at the Council every day.”

Crawford was appointed to the D.C. Council in January of this year to replace then Council member Kenyan McDuffie (I-At-Large), who resigned to run for D.C. mayor as a Democrat. She is being challenged by four other independent candidates in a June 16 special election for the Council seat.

Under the city’s Home Rule Charter written and approved by Congress, the seat is one of two D.C. Council at-large seats that cannot be held by a “majority party” candidate, meaning a Democrat.

A statement released by the Alston Foundation last month announcing Crawford’s selection for the Wanda Alston Legacy Award praised Crawford’s record of support for its work on behalf of LGBTQ youth. 

“From behind the scenes to now serving as an At-Large Council member, she has fought fearlessly for affordable housing, LGBTQ+ funding priorities, and racial justice,” the statement says. “Council member Crawford’s leadership reflects the same courage and conviction that defined Wanda’s legacy.”

Organizers of the event noted that it was held on what would have been Wanda Alston’s 67th birthday.

“Today’s legacy reception was a smashing success,” said Cesar Toledo, the Alston Foundation’s executive director. “Not only did we come together to celebrate Wanda Alston on her birthday, but we also were able to raise over $10,000 for our homeless LGBTQ youth here in D.C.,” Toledo told the Blade.    

“In addition to that, we celebrated and we acknowledged a rising star in our community,” he said. “And that is At-Large Council member Doni Crawford, who we named the inaugural Wanda Alston Legacy Award recipient.”

At the request of D.C. Council Chair Phil Mendelson (D-At-Large) the Council voted unanimously on Jan. 20, 2026, to appoint Crawford to the Council seat being vacated by McDuffie.

Council records show she joined McDuffie’s Council staff in 2022 as a policy adviser and later became his legislative director before McDuffie appointed her as staff director for the Council’s Committee on Business and Economic Development for which McDuffie served as chair.

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