FILE - This May 1990 file booking photo provided by the New Rochelle, N.Y., police department, shows Robert Kosilek, charged in the 1990 killing of his wife Cheryl in Massachusetts. 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/New Rochelle Police Department, File)

Associated Press
FILE - This May 1990 file booking photo provided by the New Rochelle, N.Y., police department, shows Robert Kosilek, charged in the 1990 killing of his wife Cheryl in Massachusetts.  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/New Rochelle Police Department, File)
FILE - This May 1990 file booking photo provided by the New Rochelle, N.Y., police department, shows Robert Kosilek, charged in the 1990 killing of his wife Cheryl in Massachusetts. 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/New Rochelle Police Department, File)
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