California seeks to block inmate’s sex-reassignment surgery

The state attorney general’s office is asking a federal appeals court to block a judge’s order that the state immediately give a transgender inmate sex-reassignment surgery.

In a motion filed Monday with the 9^th U.S. Circuit Court of Appeals, the state sought a preliminary injunction that would delay the surgery for Michelle-Lael Norsworthy, 51, born Jeffrey Bryan Norsworthy, who began identifying as a woman in the 1990s. Norsworthy was diagnosed with gender dysphoria in 2000.

On April 27, U.S. District Court Jon Tigar denied the state’s motion to stop Norsworthy’s surgery.

The state argued in Monday’s filing that an appeal it has filed to Tigar’s order would be moot if Norsworthy gets the surgery before a final decision is made.

“Evidence showed that there was no medical or psychological need for immediate sex-reassignment surgery,” the state said in court documents.

But according to Tigar’s ruling last month, Norsworthy’s gender dysphoria would worsen if her hormone therapy is modified or discontinued because of liver complications.

Tigar found Norsworthy is “suffering from irreparable injury as a result of the deprivation of her 8th Amendment rights.”

In denying the motion, Tigar contended his ruling applies only to Norsworthy and cannot be interpreted to compel the California Department of Corrections and Rehabilitation to perform surgical procedures on any other inmates.

Norsworthy is serving a life sentence with the possibility of parole for a second-degree murder conviction. Norsworthy is housed at Mule Creek State Prison in Ione.

The CDCR filed a request to stay Norsworthy’s sex reassignment surgery earlier this month after Tigar ruled her constitutional right would be violated if she was not allowed to undergo the procedure.

“Norsworthy has been treated for gender dysphoria for over 20 years, and there is no indication that her condition has somehow worsened to the point where she must obtain sex-reassignment surgery now rather than waiting until this case produces a final judgment on the merits,” according to the CDCR’s request.

For breaking California news, follow @JosephSerna and @VeronicaRochaLA.