The 9th U.S. Circuit Court of Appeals has become the first circuit in the nation to order a state to pay for an inmate’s gender confirmation surgery , ruling Monday that a three-judge panel decision will stand.
A three-judge panel of the appellate court first ruled in August that the state must give 32-year-old inmate Adree Edmo gender confirmation surgery, agreeing with a federal judge in Idaho that denying the surgery amounted to cruel and unusual punishment, a violation of the Eighth Amendment of the U.S. Constitution.
The state then asked the full appeals court to reconsider the case — but the court voted against the move this week.
However, several judges expressed their concern Monday with the underlying ruling directing the state to pay for gender reassignment surgery for Edmo. Several others dissented completely with the ruling not to reconsider the case.