Indiana judge rules prison must provide transgender surgery for inmate who killed baby

A federal judge has ruled that it would be unconstitutional for an Indiana prison to deny a transgender inmate sex reassignment surgery following the inmate's lawsuit against the facility.

The American Civil Liberties Union (ACLU) sued the Indiana Department of Corrections last year on behalf of a transgender inmate, Jonathan C. Richardson, also known as Autumn Cordellionè, who was convicted of strangling his 11-month-old stepdaughter to death in 2001.

Indiana law, however, prohibits the Department of Corrections from using taxpayer dollars to fund sex reassignment surgeries for inmates. However, the ACLU argues in the lawsuit, filed on Aug. 28, 2023, that the law is a violation of the Eighth Amendment’s prohibition of "cruel and unusual punishment."

The surgery for Richardson, who is serving out a 55-year prison sentence for reckless homicide, "is a medical necessity," according to the ACLU lawsuit.

Judge Richard Young agreed with the ACLU's claims and ruled in favor of Cordellioné last week.

"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," the ruling states.

The DOC must now take "all reasonable actions" to ensure Cordellioné undergoes sex surgery, according to the order.

Indiana Attorney General Todd Rokita, a Republican, said in a post on X that his office is still reviewing the judge's decision, "but you can undoubtedly expect our office to appeal this decision."

"An Indiana inmate convicted of murder wants our taxpayers to fund their gender-altering surgery! Hoosiers do NOT want thism" Rokita said.