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| Transsexual Inmate Barred From Sex Treatments |
| By Associated Press |
| Published: 03/24/2003 |
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A transsexual man serving a 48-year state prison sentence for burglary and sexual assault has lost his appeal of an order denying him hormonal or surgical treatments for transsexualism. The Colorado Court of Appeals on March 13 upheld a ruling by Jefferson County District Judge Ruthanne Polidori that said the prison system did not have to provide such care to MaryKay Lynn Condit, also known as Paul Lynn Condit. Condit was sentenced in 1993, and in 1995 completed a common-law name change, saying he was transsexual and wanted to live as a woman. In October 1996, Condit sought reconsideration of his sentence, saying the Department of Corrections was failing to administer proper care for gender dysphoria, or transsexualism. Condit alleged proper care should have included allowing a male inmate to live as a woman or to receive certain treatments including hormones or surgery. Condit's motion for reconsideration was denied without a hearing. Condit filed another motion in April 1999 that was rejected by the trial judge as having no merit. That decision was upheld Thursday by the Court of Appeals. The appeals court also rejected Condit's arguments that his guilty pleas entered in 1993 were invalid because Condit's gender dysphoria and limited intelligence prevented an informed decision. Also rejected was Condit's argument that the plea was coerced by his attorney because his attorney had said the plea would result in sex offender treatment. |
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