Indiana judge says state must provide convicted killer with taxpayer-funded sex change

Indiana taxpayers will be on the hook for a convicted murderer’s sex change operation if a controversial court ruling is allowed to stand.

Federal Judge Richard Young has ordered the state Department of Corrections (IDOC) to provide the surgery to a transgender-identifying inmate convicted of reckless homicide.

The prison system “should be preliminarily enjoined to take all reasonable actions to secure Ms. Cordellioné gender-affirming surgery at the earliest opportunity,” wrote Young, a Democrat and Bill Clinton appointee, in a March 5 filing. The state plans to appeal.

The case involves a biological male named Autumn Cordellioné, who is demanding the procedure. 

The ACLU filed a lawsuit on Cordellioné’s behalf in 2023, challenging an Indiana law that prevents the state from using taxpayer funds to pay for sex change surgeries for prisoners, according to Fox News. The liberal organization argues the law violates the Eighth Amendment’s prohibition on “cruel and unusual punishment.” 

Cordellioné, formerly known as Jonathan Richardson, was convicted in 2001 of strangling his 11-month-old stepdaughter to death. Although he committed a horrible crime, his legal team argues he is entitled to the procedure. 

However, Indiana Attorney General Todd Rokita strongly opposes the ruling, defending the state’s law.  

Rokita argues the state has no Eighth Amendment obligation to fund “experimental treatments” like sex-change surgeries, especially when doctors have said Cordellioné is not a suitable candidate for it. 

“Convicted murderers don’t get to demand that taxpayers foot the bill for expensive and controversial sex-change operations,” he told Fox News. “It lacks all common sense. We won’t stop defending our state’s ban on using taxpayer funds to provide sex-change surgeries to prisoners.” 

A major issue in the case is an evaluation by psychologist Kelsey Beers, who assessed the man’s eligibility for the surgery and determined Cordellioné doesn’t have gender dysphoria. Rather, he has antisocial and borderline personality disorders. 

Beers said Cordellioné “displays an established pattern of attention-seeking behavior,” according to Fox News.  

However, Judge Young disagreed with Beers’ findings and questioned her qualifications.  

“In summary, the court finds that Dr. Beers’ report does not present a significant factual development that would cause it to reconsider its grant of injunctive relief as to Ms. Cordellioné’s Eighth Amendment claim,” Young wrote.  

The ACLU has argued that Cordellioné is a “woman trapped in a man’s body” and has felt this way since the age of 6. However, the 42-year-old convicted killer is bald and has tattoos all over his face and head. 

Gender-affirming surgeries typically cost around $50,000, according to FactCheck.org. 

Rokita is appealing Young’s original injunction to the 7th U.S. Circuit Court of Appeals in Chicago. That said, the case likely won’t be settled until it is resolved by a three-judge appellate panel, according to the Times of Northwest Indiana.