Gender reassignment case headed to higher court

The Idaho Department of Correction has appealed a U.S. District Court ruling that ordered the state to provide gender reassignment surgery for Adree Edmo. The inmate was born male but identifies as a woman.

On December 13, 2018, U.S. District Judge B. Lynn Winmill ordered the department to provide the procedure within six months.

If the procedure is performed it would be the first time an inmate has undergone gender reassignment surgery while in the department’s custody. It would be only the second time in the nation.

“The hard working taxpayers of Idaho should not be forced to pay for a prisoner’s gender reassignment surgery when individual insurance plans won’t even cover it,” Governor Little said. “We cannot divert critical public dollars away from our focus on keeping the public safe and rehabilitating offenders.”

Board of Correction Chairman Dr. David McClusky, a licensed general surgeon with more than 35 years of experience, believes the court confused its opinion with medical consensus in the case.

“If Ms. Edmo had a broken arm, we’d all agree it should be treated,” Dr. McClusky said. “But disagreement among medical professionals, in this case, does not constitute cruel and unusual punishment.”

Department Director Josh Tewalt added, “We take seriously our responsibility to provide adequate care to those in our custody. But prison is not where you go to get unwarranted surgery. We’re confident subsequent rulings will agree.”

The Department of Correction filed notice of appeal Wednesday. The case will now proceed to the Ninth Circuit Court of Appeals.