A judge has ruled a transgender murderer who strangled their baby stepdaughter to death cannot be denied sex assignment surgery.
Autumn Cordellionè, who was convicted of murdering their 11-month-old stepdaughter in 2011, had brought a lawsuit against the prison arguing the surgery was a “medical necessity” for the inmate, who is is serving a 55-year prison sentence for reckless homicide
And now a United States federal judge has ruled it would be unconstitutional for the Indiana Department of Corrections to deny it, after the American Civil Liberties Union (ACLU) sued on behalf of Cordellionè, who previously went by the name Jonathan C Richardson.
The law in Indiana prohibits the Department of Corrections from using taxpayer money to pay for sex reassignment surgeries for inmates but the ACLU argued in the August 28, 2023 lawsuit that the law violated the US Constitution’s Eighth Amendment’s prohibition of “cruel and unusual punishment.” The judge agreed with the ACLU’s argument and ruled in Cordellionè’s favour last week.
The ruling stated: “Specifically, Ms. Cordellioné has shown that her gender dysphoria is a serious medical need, and that, despite other treatments Defendant has provided her to treat her gender dysphoria, she requires gender-affirming surgery to prevent a risk of serious bodily and psychological harm.”
And now, the judge’s order states the Indiana Department of Corrections must take “all reasonable actions” to ensure Cordellioné undergoes sex surgery.
Republican politician Todd Rokita, who is Indiana’s Attorney General, said his office was still in the process of reviewing the judge’s decision but said “you can undoubtedly expect our office to appeal this decision.”
He added: “An Indiana inmate convicted of murder wants our taxpayers to fund their gender-altering surgery! Hoosiers [nickname for people from Indiana] do NOT want this.”
The ACLU said in its filing that Cordellioné was diagnosed with gender dysphoria in 2020 and has been taking prescribed female hormones and testosterone blockers “consistently taken since that time.”
Meanwhile it stated that the murderer has been provided “panties, make up, and form fitting clothing” in the prison.
It claimed Cordellionè has a history of self-harm, including an attempted castration.
The lawsuit adds: “Accordingly, at this point gender-affirming surgery is necessary so that her physical identity can be aligned with her gender identity and so her gender dysphoria can be ameliorated.
“She believes that the only remedy for her persistent gender dysphoria, and the serious harm it causes her, is to receive gender-affirming surgery, specifically an orchiectomy and vaginoplasty.”
It goes on to detail how Cordellioné is “a woman trapped in a man’s body” and has identified as a woman since the age of six.
Court documents from 2001 state that Cordellioné strangled their then-wife’s 11-month-year old daughter to death while she was at work on September 12.
Cordellioné was said to have been calm and “unemotional” when telling police detectives what happened during their first interview at the time.
Meanwhile, Cordellioné also filed a separate lawsuit against the prison’s chaplain last year, after they alleged the chaplain stopped them from wearing a hijab outside the area referred to as their “immediate bed quarters”. Cordellioné identifies as a Muslim woman.
Ken Falk, the ACLU of Indiana’s legal director, said: “[The ruling is] a significant victory for transgender individuals [in Indiana’s prisons]. Denying evidence-based medical care to incarcerated people simply because they are transgender is unconstitutional. We are pleased that the court agreed.”
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