Judge orders California to provide for inmate's gender reassignment

SACRAMENTO, Calif. (KGO) -- In a precedent setting case, a federal judge has ruled that California's prison system must grant a gender reassignment procedure to a transgender inmate.

But there may still be an appeal because of the added costs of treating a prisoner.

Michelle Norsworthy is transgender and incarcerated at California's Mule Creek State Prison. But the legal battle the 51-year-old will be known for is not her conviction for second degree murder.

"This decision is historic in that if confirms that it's unlawful to deny essential treatment to transgender people," said Kris Hayashi with the Transgender Law Center.

The Transgender Law Center is based in Oakland and represents Norsworthy who was born Jeffrey and entered prison as a man, but now identifies as a woman.

A psychologist diagnosed Norwsorthy with gender dysphoria. Shawn Demmons with the Transgender Law Center explains it.

"When I look in the mirror to see me, right? And so having access to hormone therapy or other procedures is really important for that," said Demmons.

In court records, Norsworthy's doctor says that sex reassignment surgery was a "clinical and medical necessity for her health and wellbeing."

But surgery didn't happen.

"This procedure has never been performed so it would be the first of its kind in California," said Joyce Hayhoe with California Correctional Health Services.

The case made it to the U.S. District Court with a judge ruling Thursday that the California Department of Correction and Rehabilitation must provide Norsworthy access to adequate medical care, including sex reassignment surgery as promptly as possible.

"Medi-Cal's been covering it for decades in California," said Hayashi.

The CDCR is currently reviewing legal options and said the cost of treating a transitioning inmate could range from the tens of thousands to hundred thousand dollar range.

"Everything is more expensive in the prison system because as we provide medical services to our inmates, when they are in the community they have to be under 24 hour guarding," said Hayhoe.

Of the more that 110,000 inmates in state prisons, nearly 400 identify as transgender.