'Inmate sues state to pay for sex-change' (video)

Inmate sues state to pay for sex-change

Shelby Brown, CBS6 Reporter added by Alix Bryan/Online Producer

5:54 p.m. EST, January 30, 2012
A transgendered inmate who once sued the state to pay for her sex reassignment surgery isn’t giving up without a fight. Ophelia De’Lonta is now appealing a judge’s ruling that the state doesn’t have to pay for the surgery. The American’s for Civil Liberties Union is also in on the case.

The ACLU filed a brief this month on Ophelia’s behalf.

De’Lonta, 50, was born a male. She was born Michael Stokes and has undergone hormone therapy treatment for years while serving time behind bars. She told CBS 6, in a letter, that it’s because she won a case against the Department of Corrections in 2003 to allow it.

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Rebecca Glenberg with the ACLU argued “that the Department of Corrections can’t simply flatly deny a necessary medical treatment just because it may be politically unpopular or that some people may disagree with the necessity of it.

“It’s clear Ophelia suffers from a severe form of gender identity disorder.” “This is a surgery meant to address a serious medical need” added Glenberg.

Not everyone agrees. We spoke with Delegate Todd Gilberts who knows about Ophelia’s case. He said he’s opposed to the state spending any money on the procedure.

"There’s certainly a psychological issue but as for this being a medical necessity, it’s certainly it's not something taxpayers should have to pay for,” said Gilberts.

Gilbert doesn’t believe that the issue should be framed as medical concern, and called the matter frivolous.

“I don’t believe we should set the precedent that people who are similarly situated in the prison system serving sentences for violating the laws of our Commonwealth should be afforded the opportunity to have something as frivolous as a sex change in the context of taxpayer dollars” said Gilbert.

He said if this ever rises to the level that a court mandates the state to pay for Ophelia’s sex reassignment surgery, he’ll be prepared to fight it through legislation.

“To ensure that the courts can’t order taxpayers to pay for these services for inmates who again are there because they harmed our fellow citizens,” said Gilbert.” “I would do everything I could to put a stop to it, if the court ever ordered it” he added.

The U.S. Fourth Circuit Court of Appeals will handle this matter. Stay with CBS 6 News for the latest developments in the case.

CeCe wrote:No afraid not. Everyone else who has the surgery has to pay for it themselves. Inmates should be no exception. I'm sympathetic but there has to be some limitation to taxpayer burden. Most of us are already paying more than we can afford as it is. I disagree about it being "frivolous" but don't see how this is taxpayer responsibility.