The Massachusetts Department of Correction has announced on Wednesday that they will appeal the federal district court’s ruling in the Kosilek vs. Spencer case.
“Following a thorough review of the decision, we believe the court failed to give due deference to the fact that the department has and continues to provide adequate medical treatment to address inmate Kosilek’s gender identity disorder,” Diane Wiffin, of the Massachusetts Department of Corrections said. “We also found the opinion improperly discredits the legitimate safety concerns trained correctional professionals testified will arise if sex reassignment surgery is performed.”
Wiffin added that the DOC stated that they do no believe the argument is dependent on the necessity of Kosilek’s procedure, but rather the necessity of medical procedures for in inmates in general.
“The Department’s argument will not center on whether this surgery is a necessary and appropriate treatment for an individual with this particular disorder,” she said. “Our responsibilities lie with providing certain levels of medical treatment and keeping the inmates in our care and the public at large safe. We believe appealing this decision will allow us to meet those critical responsibilities.”