A federal judge in Indiana has again ordered the state Department of Correction (IDOC) to arrange gender-affirming surgery for a transgender inmate convicted of reckless homicide of a baby. The ruling challenges an Indiana law that prohibits the use of taxpayer funds for such procedures.
The case, now in its second year, involves Autumn Cordellioné, formerly known as Jonathan Richardson. The American Civil Liberties Union (ACLU) filed a lawsuit against IDOC in 2023, arguing that denying the surgery violates the Eighth Amendment’s ban on “cruel and unusual punishment.”
Judge Richard Young ruled on March 5 that IDOC must ensure Cordellioné receives the surgery “at the earliest opportunity.” The injunction, initially granted in December, expired on March 6 and has now been extended.
Indiana Fights Back Against Court Ruling
Indiana Attorney General Todd Rokita has defended the state’s law, arguing that the Eighth Amendment does not require taxpayers to fund experimental treatments. In a court filing, Rokita asserted that multiple doctors deemed Cordellioné an unsuitable candidate for surgery.
Rokita told Fox News Digital, “Convicted murderers do not have the right to demand that taxpayers pay for expensive and controversial sex-change operations.” “It lacks all common sense.”
The state also contends that its 2023 law does not discriminate based on sex, as it bans gender-affirming surgeries for all inmates.
Psychologist Questions Inmate’s Eligibility
A psychologist appointed to evaluate Cordellioné, Kelsey Beers, concluded that the inmate’s distress stemmed from antisocial personality disorder and borderline personality disorder rather than gender dysphoria. Beers also noted a history of “attention-seeking behavior.”
Despite this, the court dismissed Beers’ report as insufficient to reconsider the previous ruling.
ACLU Defends Inmate’s Rights
The ACLU argues that Cordellioné, diagnosed with gender dysphoria in 2020, has been receiving hormone therapy and other accommodations, including feminine clothing. The lawsuit claims that gender-affirming surgery is necessary to alleviate the inmate’s distress.
Cordellioné, who has identified as a woman since age six, was convicted in 2001 for strangling his then-wife’s 11-month-old daughter to death. Court documents describe him as “calm and unemotional” when recounting the incident to police.
