“With its decision today, our court becomes the first federal court of appeals to mandate that a State pay for and provide sex-reassignment surgery to a prisoner under the Eighth Amendment,” the opinion said. “The three-judge panel’s conclusion — that any alternative course of treatment would be ‘cruel and unusual punishment’– is as unjustified as it is unprecedented.”
Edmo was diagnosed with gender dysphoria after arriving at a men’s prison in 2012 and treated with hormone therapy, court records show.
She had attempted self-castration in prison, her attorneys acknowledged in court.
Despite the ruling, the state government refused to pay for the procedure and took the case to the Supreme Court.
Justices declined to delay the lower court’s July deadline for the surgery in a 7-2 vote later that month.
Even though she received the surgery, Edmo’s legal fight is not over.
The Supreme Court case is still pending, and “Ms. Edmo also has a claim for damages for [the state’s] years-long refusal to provide adequate treatment,” Rifkin said in an email to CNN Tuesday.