Idaho must pay for transgender inmate's surgery, court rules
A federal appeals court has ruled that the state of Idaho must pay for a transgender inmate's sex reassignment surgery. The state says it will appeal the case to the U.S. Supreme Court.
Inmate Adree Edmo has been living as a woman for years, but has been housed in a men's prison, CBS Idaho affiliate KBOI-TV reports. Deborah Ferguson, an attorney representing Edmo, said in January that her client was at risk of self-harm if the surgery was postponed.
Edmo, 31, was diagnosed with gender dysmorphia in 2012. Ferguson argued that the state's refusal to provide the surgery was unconstitutional.
"They certainly would treat a prisoner with cancer, they treat a prisoner with diabetes, or other chronic conditions," Ferguson said, according to KBOI-TV. "So, we have a medically recognized condition that's very treatable and we have been trying to get her the treatment that she very much needs."
Earlier this year, the state of Idaho was put on a court-ordered deadline to pay for the surgery by mid-June. The state, however appealed that decision — a process it says has already cost more than $325,000.
On Friday, the court of appeals agreed with the federal judge that denying the surgery amounted to cruel and unusual punishment, a violation of the U.S. Constitution.
Idaho Governor Brad Little, however, said he intends to appeal the decision to the U.S. Supreme Court.
"The court's decision is extremely disappointing," Little said in a statement obtained by KBOI-TV. "The hardworking taxpayers of Idaho should not be forced to pay for a convicted sex offender's gender reassignment surgery when it is contrary to the medical opinions of the treating physician and multiple mental health professionals."
Edmo, a convicted sex offender who is expected to be released from prison in 2021, is not the only inmate in the state requesting surgery. Five other requests have been submitted since the beginning of 2019, according to the Idaho Department of Correction.
This is just wrong. If you take in the horrendous crime he committed this freak just wants surgery at the tax payers expense.
He had no problem sticking his penis in young boys.
denying the surgery amounted to cruel and unusual punishment
Sorry, but a person's "mental image" of themselves is not a legal defense.
Took me a minute to find but it was the ninth Circuit Court....surprise surprise.
I think we can anticipate the Ninth Circuit being overturned yet again!
Do they have to pay for the hormone therapy as well? I am sure the lawyers would argue it is the same thing- treatment for a medical condition.
It is beyond ludicrous to try and compare this cancer or diabetes. This is the prisoner's choice. No one chooses to get cancer or diabetes. The precedent set here will be a burden to US tax payers everywhere.
Well, look at what HAS happened in the past. Chelsea Manning, while in a Fed Prison, was granted 'reassignment" surgery, so, unfortunately, a precedent has been set.
Looking at the way some people like to talk about this topic all the time, you'd think transgenders are living in every other house around the country.
I have lived a good number of years now and I have never met a transgendered person. I think most people fall in that category.
What does that have to do with some yahoo courts ordering a state to pay for unnecessary surgery for an inmate?
Nothing, absolutely nothing.
Be prepared for a but Trump rebuttal.
How do you know?
Do you walk up to every woman and give them the old Crocodile Dundee sex check?
Of course you do.
Do you think they keep all the Transgender's confined to S.F.?
3 percent of the population identifies as Transgender. You need to get out more.
According to who? That figure comes from the LGBTQ community itself, which would have motivation to come up with the highest number possible.
Other figures are less than 1%.
We have had dozens (at the least) of articles on NT about transgenders and all their "issues". Not sure what the purpose of all that interest is.
According to GLAAD.
You are making it about Transgenders. It's about abusing of tax payers but most democrats don't seem to have a problem with that.
What about you John, other than worried about meeting transgenders, how do you feel about tax payers footing the bill for the child rapist surgery?
How wonderful.
The Judges on this appeals court should be brought before the courts for Contributing (neglect of one's duty) to the "Dreams" of a convicted "Idiot" ….. and what ever other name someone can come up with for this "Fucking Offender" !
This is just so wrong. This person sexually abused a 15yr old boy and is scheduled for release in 2021.
Idaho should transfer this person to California and let them pay for it.
I second that motion!
Ridiculous. This is elective surgery. She's not happy with her body? That's a pretty big club. She should put on her big girl panties and wait until she's released. It's only 2 years. It'll give her something to look forward to. Alternatively, to avoid the costs maybe Idaho could just release her early. Idaho has already spent more than the surgery would cost trying to avoid it.
Why do the people of Idaho have to pay for it?
She's not happy with her body?
AWWWWWW!
She should put on her big girl panties and wait until she's released.
What an insult to femininity!
Alternatively, to avoid the costs maybe Idaho could just release her early.
And throw her/him a party! The innocent victims be damned!
Idaho has already spent more than the surgery would cost trying to avoid it.
The cost of incarceration is a necessity
Why don't you go back and read StevieGee's comment? You're arguing with him for no damn good reason.
You realize that I'm agreeing with you right?
Actually, I didn't know. Sorry...Welcome aboard!
I just had my head handed to me. I got it.
Think about it Vic. She's gaming the system. She'll never be able to afford the surgery once she's outside. She's stuck there for 2 more years and has nothing better to do anyway. Let her go early and she's stuck with her gross and horrible mismatched genitalia in perpetuity.
That you were serious about?
No. It is a child rapist.
He can serve out his term just like any other felon and pay for his own surgery once he gets out.
Did you see they have 5 other cases of sexual reorientation waiting? If they don't fight it here, then it will set the precedent not just for their state; but everywhere. What will be the costs then? Better to fight it all the way now than to pay for it forever.
John told me it was a rarity..Are you sure?
Well, the state has already lost their appeal so i guess you live to fight another day.
They said they will take it to the supreme court.
No doubt but it's not about the money anymore.
In Idaho inmate health care is done by a sub contractor. I think the state maybe appealed a lower courts decision on precedent.
I have no problem with what people do with their bodies. Making tax payers pay for this is ridiculous. If a guy is depressed because his penis is to small and is depressed because he has a small penis while in prison do the tax payers pay for a penis enhancement? (Is there such a thing?)
Completely agree. I have no problem with her becoming who she was meant to be but pay for it herself, maybe start a Go Fund Me page or something.
If the inmate is getting out in 2021, an early release, with condition they leave the state might be in Idaho's interest
My mental imagine of my knee's does not match with the missing meniscus and torn ACL. The current condition is very troublesome for me. I imagine my knees fully repaired. Do i have to get arrested to get that freebie or will Uncle Sam just do it for me outright?
Inquiring minds want to know.
Seems like elective surgery and even if he is prone to self harm, I bet it's cheaper to put him on suicide watch than it is to pay for surgery.