Citing constitutional protections against inflicting “cruel and unusual punishments” on criminals, a panel of three judges on the 9th Circuit Court of Appeals ruled on Friday that the State of Idaho must pay for the male-to-female gender reassignment surgery of an inmate sentenced to 10 years in prison for sexually abusing a 15-year-old boy. In response, Republican Gov. Brad Little vowed to make sure taxpayer money is not diverted to the sex offender’s surgery, particularly because the treating physician and multiple mental health professionals maintain that it is not medically necessary.
The Eighth Amendment of the Constitution states that “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” on criminals. That amendment, a three-judge panel ruled Friday, requires the State of Idaho to pay for the $20,000 to $30,0000 sex reassignment surgery for Adree Edmo, a biological male convicted of sexually abusing a 15-year-old at the age of 22 and who claims to identify as a female.

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