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Philly scored a back in session on the docket today Robert because -- seen here in 1990 is serving life behind bars for murdering his wife.
Well he now goes by the name Michelle.
And has received numerous female hormone treatments for gender identity disorder.
But he now claims that that is not enough and that a sex change operation is -- medical necessity and that the citizens of the state of Massachusetts have to pay for it.
The so -- sued to have the state.
Order that surgery and pay for it last year a judge ordered state officials to provide the operation on the taxpayer dime.
Is headed up the line and arguments are just being heard.
Joining me now Mercedes Colwin Fox News legal analyst and time connect who's a former prosecutor and now defense attorney.
And so now.
This is under review at a federal appeals court has just heard arguments on whether the lower court ruling can stamp.
-- I ask you.
I understand the torture -- gender -- just identities -- disorder you know that the torture that that is for somebody but.
A convicted murderer.
Who are -- strangled his wife so badly she was almost decapitated.
Should they really be getting that operations on the taxpayer's dime.
Absolutely not it's an outrageous use of resources and it's an outrageous waste.
Taxpayer dollars this is one of the reasons I'm in favor of itemize tax statements -- let let the taxpayers of Massachusetts.
When they get their bill at the end of the year you -- have a line by line item and see that this is the type of thing that their dollars are going for.
The eighth amendment.
This state were pretty -- or forbids the state from inflicting.
Inflicting -- -- usual punishment.
Is the argument the other proponents.
Of this user resources -- argue that by.
Of a elective.
Surgical procedure which.
By the way it if he was a civilian he might not he might very well not have the resource is even afford -- what -- expensive.
It is -- Not that spending taxpayer dollars on something like this this state inflicting.
-- -- usually it's not a lot of -- it's not elective and that's the issue here that's why the judge got it right it's not an elective procedure.
This is a procedure that's necessary to treat a mental illness gender just Rory is categorized as a mental illness.
This is why the judge said you have to treat this individual this is a man who tried suicide twice.
He tried to castrate himself this is not -- -- -- I feel like I wanna be a girl.
He's -- cross dressing since he was a teenager was savagely beaten by his stepfather.
Shows to then lead a life as a heterosexual we know how that worked out that he killed his wife twenty something years ago and now they're.
Claiming that a murder her not a gender identity not at all but what I'm saying is they did a tongue in cheek and I apologize but what -- -- is someone like this.
Certainly needs this type of treatment even the doctors came forward and said.
We we can't help them any further the hormone therapy is not helping that they -- therapy sessions are not help that's that.
-- time -- his lawyer her lawyer argues that she is tortured.
And came out and said she's got she.
Michelle is gonna try to killer -- should get this done here here's here's her loyalists and.
I didn't DM doctors.
Testified that he thought there is.
Very high likelihood.
Almost a 100%.
That she would attempt suicide are at their self mutilation.
-- Megan put I'm not here to debate whether this is -- legitimate surgery or not whether -- gonna have a mental illness that requires this thing.
That that this type of procedure what what I suggest we do is look at what the eighth amendment says.
And ask ourselves is this state inflicting cruel and unusual punishment on this in -- you -- collected 1848 very quickly.
-- that that was the first on the Supreme Court was ever asked to.
Decide what what is meant by cruel and unusual punishment you know what they said cruel and unusual punishment constitutes elbowing alive.
Be heading public dissecting.
And burning alive.
150 years 850 some odd years later when I.
Even cruel unusual punishment could sort of like anything's -- -- they couldn't foresee this I mean.
Well I a lot of sympathy Mercedes for convicted murderers and especially not guys -- strangle their wives to the point of near decapitation.
But whether we like these comics or not.
They do you have any amendment right to be free from cruel and unusual punishment once -- -- president exactly however there is debate even within the transgender community about whether.
This person is -- -- operation would play that's out right after the break.
So here's an interview Mercedes that was done with at least one transgender person who went from male to female.
And her thoughts on this issue.
If that be the case that then then.
It's cruel and unusual punishment to deny he.
And how many of our hundreds of girls are gonna come out of the car out of the woodwork and say we -- want to -- -- -- Somebody's got to pay for that's I think the government's paying for too much already.
What about that well I mean maybe -- makes a good point but dollars and cents it makes more sense to give the accommodation to dismantle tell you want.
Transvestites and -- cross dressers when they enter the prison system are not put in general population they're put in protective custody.
That is a tremendous terrain on tax dollars.
You give this individual gender reassignment make -- a woman.
They can at that point.
-- -- decision to place it in a -- right that he's been in -- with men now he's he is anatomically female he should be able to put.
Put in the women's detention centers.
Can you really need to protect our -- -- now you get it again that adds that male prison free card Tom if you can.
If you can get a sex change operation funded by the taxpayers mean I'm not.
I don't know that anybody would go so far as to claim that they were transgender just to get -- -- -- -- he's a population.
Thousand dollars may not looking at that -- -- cost of this gender reassignment but I'm just saying -- the department of corrections gonna have a lot to deal with.
You you setting you're setting a precedent where someone who might.
Whether this is needed or not it's still elective procedure OK and -- you're setting a precedent -- someone who might not otherwise.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Sure -- -- -- -- everything insurance will not pay for everything she's received so far if you look at most insurance policies.
There are criteria upon which someone can get.
A sex change operation but they're very specific deception they ruled -- paper you read -- augmentation don't live and then -- necessity.
If that isn't -- paid for Michelle's breast augmentation and her hormone therapy and we will see whether this appeals court says they've got to -- -- -- -- -- -- All right now thank you for -- that in him.
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