FIRST ON FOX: Indiana Attorney General Todd Rokita is appealing a federal judge's decision to allow an inmate – incarcerated for murdering his 11-month-old stepchild – sex reassignment surgery following the inmate's lawsuit against the state's correctional facility.
"We were very clear that we disagreed with the judge's decision in this case, and now we are officially appealing," Rokita told Fox News Digital. "Prisoners like the convicted baby murderer in this case don’t have a constitutional right to gender transition surgeries, much less to have taxpayers foot the bill."
"We will continue doing our duty to defend Indiana’s commonsense laws," he said.
INDIANA JUDGE RULES PRISON MUST PROVIDE TRANSGENDER SURGERY FOR INMATE WHO KILLED BABY
Fox News Digital first learned that Rokita filed the intent to appeal notice on Wednesday morning.
The American Civil Liberties Union (ACLU) sued the Indiana Department of Corrections last year on behalf of a transgender inmate, Jonathan C. Richardson, also known as Autumn Cordellionè, who was convicted of strangling his 11-month-old stepdaughter to death in 2001.
Indiana law, however, prohibits the Department of Corrections from using taxpayer dollars to fund sex reassignment surgeries for inmates. However, the ACLU argues in the lawsuit, filed on Aug. 28, 2023, that the law is a violation of the Eighth Amendment’s prohibition of "cruel and unusual punishment."
The surgery for Cordellioné, who is serving out a 55-year prison sentence for reckless homicide, "is a medical necessity," according to the ACLU lawsuit.
Judge Richard Young agreed with the ACLU's claims and ruled in favor of Cordellioné last month.
"Specifically, Ms. Cordellioné has shown that her gender dysphoria is a serious medical need, and that, despite other treatments Defendant has provided her to treat her gender dysphoria, she requires gender-affirming surgery to prevent a risk of serious bodily and psychological harm," the ruling states.
In a separate lawsuit last year, Cordellioné filed a civil lawsuit against the prison chaplain for allegedly prohibiting him from wearing a hijab outside his immediate bed quarters, despite identifying as a Muslim woman.
According to court documents, Cordellioné strangled his then-wife’s 11-month-year old daughter to death while she was at work on Sept. 12, 2001.
During Cordellioné's initial interview with one of the detectives, he was calm and "unemotional" when recounting what happened, court documents from Indiana's Court of Appeals show.
