U.S. District Judge James Peterson ruled last week to approve the sex-change surgery request of a Wisconsin man imprisoned for raping his own daughter.
Mark Allen Campbell, 49, pled guilty to repeated first-degree sexual assault against his 10-year-old daughter and was sentenced in 2007 to 34 years in prison. Campbell now goes by the name "Nicole Rose" and has publicly identified as a woman since 2013, when he first first made a request for gender reassignment surgery.
Campbell is imprisoned at the Racine Correctional Institute, where he has been allowed to dress in women's clothing and wear make-up. After his initial surgery request was denied, he sued the Department of Corrections in 2016, claiming his Eighth Amendment rights had been violated due to cruel and unusual punishment.
While that lawsuit was shot down as well, Judge Peterson said that Campbell had "waited long enough" for the surgery and believed inadequate access to sex-change surgery was a violation of Campbell's constitutional rights.
"True public interest lies in alleviating needless suffering by those who are dependent on the government for their care," Peterson said, noting that such surgery is politically controversial. "I decline to impose any further prerequisites on Campbell's sex reassignment surgery; she has waited long enough."
There is only one surgeon in Wisconsin qualified to conduct the surgery, and that surgeon must also approve of the operation.