A transgender inmate, who was convicted of second-degree murder in 1986, has been recommended for parole by a California board on Thursday, the same day an appeals court put on hold a decision that ordered the state to provide sex reassignment surgery to her.
Michelle-Lael Norsworthy, 51, who identifies herself as a woman, is serving her prison term with male prisoners at the Mule Creek State Prison, according to Reuters.
She is seeking to become the first inmate in California to undergo sex reassignment surgery.
The California Board of Parole ruled that Norsworthy is eligible for parole. However, it could take up to five months before this is finalized, with California Governor Jerry Brown having a say on the recommendation.
"We are thrilled that Michelle's parole hearing was successful, and that she might soon be able to live her life freely as a woman," said Ilona Turner, legal director of Transgender Law Center, which is representing Michelle in her case
Turner added, "Being housed with men, sexually assaulted, and denied critical health care these past 30 years, Michelle has suffered greatly in prison and continues to suffer every day she is denied the surgery she desperately needs."
She criticized California for delaying Norsworthy's medical needs.
"Whether you're transgender or not, everyone should find it troubling that the state is trying to further delay the care that all the evidence showed is critical for Michelle's health. We are disappointed that the stay was granted, as delays like this cause Michelle serious harm every single day," she said.
Turner, however, lauded the decision to recommend Norsworthy for parole.
"Still, we are delighted by the possibility of parole for Michelle and are confident that she will find support networks and services upon release, including access to gender-affirming surgery through Medi-Cal should the California Department of Corrections fail to provide her the care that the court and her medical providers have concluded she urgently needs," she said.
Last April, U.S. District Judge Jon Tigar ruled that the state's refusal to grant Norsworthy the surgery violated her constitutional rights.
Lawyers for the state asked the 9th U.S. Circuit Court of Appeals to block the surgery pending appeal.
In its ruling, the appeals court said, "Appellants' motion to stay the district court's April 2, 2015 order pending appeal is granted. A stay give[s] the reviewing court the time to 'act responsibly.' Also weighing in favor of a stay here is the likelihood that, absent a stay, this litigation would become moot before receiving full appellate consideration."
Quoting court papers, Reuters reported that Norsworthy has received counseling and medical treatment while in prison, including hormone therapy, and access to female clothing to transform her appearance.
State lawyers argued that none of the doctors who treated Norsworthy had said sex reassignment surgery was necessary for her.
