Lawyer: Constitution Requires Taxpayers Pay for Wikileaker's Sex Change
August 22, 2013 9:01 AM
Some think Bradley "Chelsea" Manning is a "gay hero", as this poster reads.
(Source: Truth Dig)
Manning's lawyer says gender issue is medical treatment, to deny request would be unethical
one of the biggest leaks of confidential government information
in the history of the U.S. He's been
sentenced to 35 years in prison, with the possibility of parole in 6 and 1/2 years
, with time served. But even as the debate over the young former U.S. Private First Class (PFC) continues, Mr. Manning has issued a statement triggering a brand new debate.
I. Manning: Call Me Chelsea
At a press conference after the sentencing, David Coombs, Manning's lawyer remarked, "[And we are looking into] ensuring that a soldier who is in confinement who has gender dysphoria gets treatment."
That subtle comment might have been lost amidst the interest in his flashy comments about Manning's innocence and his bid for a presidential pardon. But on Thursday Mr. Coombs read a statement from Manning revealing just how serious the leaker is about his desire to undergo gender reassignment.
His attorney read
, which read in part:
I am Chelsea Manning. I am female. Given the way that I feel, and have felt since childhood, I want to begin hormone therapy as soon as possible. I hope that you will support me in this transition.
I also request that, starting today, you refer to me by my new name and use the feminine pronoun (except in official mail to the confinement facility). I look forward to receiving letters from supporters and having the opportunity to write back.
He signed the letter "Chelsea E. Manning"
Convicted leaker Bradley Manning, asked to be refered to as Chelsea and want taxpayer funded sex change surgery while he/she is imprisoned. [Image Source: BradleyManning.org]
It should be noted that Mr. Manning, openly gay since his teen years, was bullied over his sexuality in the military and at the time of his 2010 arrest was reportedly pursuing sex change options. He cited the bullying and his gender confusion as part of his motivation for leaking military secrets in a February plea deal, while asserting that his primary motivation was a belief that the leaks would help change the world view on U.S. public policys. He admitted in an apology on Wednesday that his actions were naive and had unintentionally harmed the nation he vowed to serve.
II. Does Eighth Amendment Require Taxpayer Funded Sex Changes for Inmates
To say that Mr. Manning's request is controversial is an understatement. Even some transgender advocates are decrying the request, as it would give the dishonorably discharged convicted criminal privileges that the U.S. military denies those who are serving and are honorably discharged.
Currently, the U.S. Military's policy is not to pay for the actual operative part of gender reassignment. It does provide discrete sexuality counseling, and since President Obama's rollback of "don't ask don't tell" has allowed gay/transgender individuals to enlist. The Department of Veterans Affairs additionally provides hormone treatments for honorably discharged soldiers -- an elective procedure not offered to to active servicepeople.
But in the general U.S. prison system there's some momentum to force taxpayers to pay for inmates sex reassignment surgeries. With some experts claiming it's a simple matter of medical ethics, the fight is likely to eventually be taken up by the Supreme Court. The
4th U.S. Circuit Court of Appeals
, which sets precedent for South Carolina, North Carolina, Virginia, and West Virginia in January
a decision by the
U.S. District Court for the Western District of Virginia
to toss Virginia inmate Ophelia Azriel De'Lonta's lawsuit seeking gender reassignment.
Ophelia De'Lonta, a Virginia inmate who was born male and identifies as a female, won his/her case to have a Viriginia Federal Court reconsider overturning a state ruling that sex reassignment should be taxpayer funded. [Image Source: AP]
A state judge had previously order that the inmate -- who threatened to seriously injure himself/herself otherwise via self-castration if sex reassignment was not provided -- receive the requested surgeries/therapies. But the federal court tossed the case. Now it will be forced to debate the issue on the grounds of the finalclause of the Eight Amendment of the U.S. Constitution, which states:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
being represented by
American Civil Liberties Union
The Encyclopedia of Surgery
a male to female sex reassignment costs between $7,000 to $24,000 USD, while a female to male sex reassignment costs over $50,000 USD. Other expensive inmate surgeries have been paid for by taxpayers for over two decades,
such as plastic surgery
The U.S. is number one in imprisonment. [Image Source: Prospect.org]
Any new treatment allowance to inmates is a big deal from a taxation and federal budget perspective, as the U.S.
imprisons a higher percentage of its citizens than any other nation
in the world.
Bradley "Chelsea" Manning
NBC TODAY Show
"Intel is investing heavily (think gazillions of dollars and bazillions of engineering man hours) in resources to create an Intel host controllers spec in order to speed time to market of the USB 3.0 technology." -- Intel blogger Nick Knupffer
Bradley Manning Sentenced to 35 Years, Eligible for Parole in 6 Years
August 21, 2013, 7:43 PM
Manning: Not Guilty of Aiding The Enemy, Faces up to 136 Years in Prison
July 30, 2013, 1:20 PM
Wikileaks Draws Ire of U.S. Government With Release of 250K Documents
November 29, 2010, 10:20 AM
Birth Control Contributes to Depression in Teens and Young Women
October 26, 2016, 4:31 AM
Cyber Hackers Threaten Security of Lifesaving Medical Devices
October 19, 2016, 8:09 AM
Innovative Neurotechnology in Sound Therapy Reduces High Blood Pressure and Migraines
October 16, 2016, 5:00 AM
Researchers Move Closer to Breakthrough Gene Therapy to Cure Sickle Cell
October 14, 2016, 5:00 AM
Keytruda: A breakthrough treatment to increase survival rates for lung cancer patients
October 12, 2016, 5:00 AM
CDC Warning about Record High Increases in 2016 for Polio-like Illness causing Paralysis
October 9, 2016, 5:00 AM
Most Popular Articles
Car Insurance - The Hidden Discriminatory Practise
October 18, 2016, 5:00 AM
Tesla Announces Level 5 Autonomous Driving
October 19, 2016, 8:30 PM
Apple iOS Contains Secret One-handed Keyboard Code
October 22, 2016, 5:00 AM
Thieves Love iPhones – More than $13,000 Stolen from Apple Store
October 21, 2016, 7:13 AM
Do you hate to do yard work?
October 20, 2016, 5:00 AM
Latest Blog Posts
Key EpiPen Competitor Out in 2017 At ' Very Low' Cost
Oct 27, 2016, 5:30 AM
Researchers use CRISPR to Accelerate Search for HIV Cure
Oct 26, 2016, 5:00 AM
Medical Council of India Makes Generic Medicines Mandatory
Oct 25, 2016, 5:00 AM
MacBoo Pro 2016: Release date Oct. 27
Oct 24, 2016, 7:16 AM
Mac Users, Try this if Your Mac is Infected?
Oct 23, 2016, 7:00 AM
Tips to Prevent Smartphones From Overheating:
Oct 22, 2016, 5:00 AM
Nasa Flies Drones at Nevada Airport
Oct 21, 2016, 8:21 AM
T-Mobile Data Problems
Oct 20, 2016, 10:17 AM
Annoying Apple Watch Problems and How to Fix Them
Oct 20, 2016, 5:00 AM
Your Mail May Soon Be Delivered By Robot
Oct 19, 2016, 9:34 AM
2018 Jeep Wrangler Prototype Sells At Junkyard
Oct 18, 2016, 5:00 AM
Samsung Shines with Gold Edition Tablet
Oct 17, 2016, 9:24 AM
Tesla Hints Mysterious Product Debut for October 17th
Oct 16, 2016, 10:14 AM
Samsung Galaxy Note 7 Phones on US flights
Oct 15, 2016, 5:00 AM
Comcast Fined $2.3 Million For Unconfirmed Services Charged To Customers
Oct 14, 2016, 5:00 AM
“American singer / songwriter “Bob Dylan is awarded 2016 Nobel Prize in Literature.
Oct 13, 2016, 10:33 AM
Battery Defect in Medical Device
Oct 12, 2016, 5:00 AM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information