FILE- In this Jan. 15, 1993 file photo, Robert Kosilek sits in Bristol County Superior Court in New Bedford, Mass., on trial for the May 1990 murder of his wife Cheryl Kosilek. Kosilek was convicted and lives in prison as Michelle, a transgender, who has sued the state for a sex-change operation. Kosilek's lawyers will argue in federal court in Boston Thursday, Aug. 18, 2011 that a recent ruling in another case supports her claim that the Department of Correction is violating her constitutional rights by denying her the surgery. (AP Photo/Lisa Bul, File)

Associated Press
FILE- In this Jan. 15, 1993 file photo, Robert Kosilek sits in Bristol County Superior Court in New Bedford, Mass., on trial for the May 1990 murder of his wife Cheryl Kosilek. Kosilek was convicted and lives in prison as Michelle, a transgender, who has sued the state for a sex-change operation. Kosilek's lawyers will argue in federal court in Boston Thursday, Aug. 18, 2011 that a recent ruling in another case supports her claim that the Department of Correction is violating her constitutional rights by denying her the surgery. (AP Photo/Lisa Bul, File)
FILE- In this Jan. 15, 1993 file photo, Robert Kosilek sits in Bristol County Superior Court in New Bedford, Mass., on trial for the May 1990 murder of his wife Cheryl Kosilek. Kosilek was convicted and lives in prison as Michelle, a transgender, who has sued the state for a sex-change operation. Kosilek's lawyers will argue in federal court in Boston Thursday, Aug. 18, 2011 that a recent ruling in another case supports her claim that the Department of Correction is violating her constitutional rights by denying her the surgery. (AP Photo/Lisa Bul, File)
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