Yesterday a federal appeals court put on hold a trial court order that transgender woman Michelle Lael-Norsworthy, who is currently being held in Mule Creek California State Prison, receive sex reassignment surgery. This came the same day a California board recommended parole for Norsworthy who was convicted of second-degree murder.
According to a report by BuzzFeed’s Chris Geidner, in Thursday’s order, the 9th Circuit Court of Appeals also set the argument in the state’s appeal of Norsworthy’s case for the second week of August. If, however, Norsworthy is paroled before then — a process which could take up to five months — her case would be dismissed because it would be moot.
Norsworthy sued the state for treatment of her gender dysphoria, specifically seeking sex reassignment surgery.
The report continued, in addition to the usual arguments provided by the state for granting a stay — such as that they expect to win on appeal and will face “irreparable injury” if a stay is not granted — state officials noted that “the only factor that seemed to show any type of urgency for Ms. Norsworthy’s request [for surgery] was her scheduled parole hearing, which she postponed and might have led to her release, rendering her constitutional claims moot.”
In other words, the state suggested that the court might not end up needing to decide the case at all if Norsworthy is paroled.
