FRANKFORT, Ky. — The state of Kentucky is not legally obligated to utilize taxpayers’ funds for gender-affirming surgeries for inmates, according to a recent statement from Attorney General Russell Coleman. This declaration comes as the Kentucky Department of Corrections seeks to adjust its administrative regulations pertaining to medical care for incarcerated individuals.
The inquiry directed at Coleman questioned whether the constitutional ban on cruel and unusual punishment necessitates the state funding such surgeries when deemed “medically necessary” by healthcare providers. Coleman expressed that “it is not ‘cruel and unusual’ for the department to decline to spend taxpayer dollars on such controversial medical procedures.” He emphasized that there is no legal mandate requiring the department to abandon logic in favor of contentious issues.
In his response, Coleman expressed hope that this clarification would resolve the issue for good, describing the notion of Kentucky taxpayers financing gender surgeries for those convicted of crimes as “simply absurd.”
Chris Hartman, the executive director of the Fairness Campaign, an advocacy group for LGBTQ+ rights in Kentucky, found the attorney general’s stance to be both “disappointing but predictable.” Hartman argued that all inmates deserve necessary medical care, irrespective of their condition, including transgender individuals. He pointed out that, while in state custody, federal law mandates inmates receive healthcare when it is deemed necessary, including instances where gender-affirming surgeries may apply.
This matter recently emerged during a legislative committee meeting amid efforts from the corrections department to update regulations, making them more accommodating for transgender inmates in alignment with federal standards. These proposed regulations met resistance from some members of the predominantly Republican legislature.
The alterations suggested by the corrections department aim to enhance the rights of transgender individuals by ensuring access to suitable medical and psychological services and housing that corresponds with their gender identity. In cases where gender-affirming care is requested, the new rules would introduce protocols that necessitate comprehensive mental health assessments and possible medical interventions.
Governor Andy Beshear expressed appreciation for Coleman’s response and indicated that the proposed regulations would be revised to incorporate the attorney general’s opinion. Beshear, a Democrat and potential candidate for the presidential race in 2028, noted that LGBTQ+ inmates can experience elevated risks of violence and may have unique health care requirements while incarcerated.
Earlier this year, a transgender woman who faced assault by another inmate in an Arizona men’s facility secured a $10,000 settlement in a civil rights case. Beshear reiterated that federal law mandates safety protocols and medical care for LGBTQ+ individuals in custody.
He remarked, “Ultimately, we assess what is reasonable. I believe that all inmates, regardless of their gender identity, should not receive superior health care access compared to law-abiding citizens.” Beshear stressed the need to balance healthcare provisions for incarcerated individuals with the expectations of taxpayers.
“It seems that federal law does necessitate some form of care, albeit not surgeries,” he stated. “We will ensure the regulations reflect certain care parameters for various populations, including transgender communities. It is both unconstitutional and unjust to deny specialized care altogether. We’re committed to achieving a suitable balance.”
The Kentucky Republican Party critiqued Beshear’s administration regarding the management of this situation, suggesting responsibility for regulatory actions falls to the governor. “As governor, he is accountable for the policies and regulations instituted by his administration. He must exhibit leadership,” asserted state GOP communications director Andy Westberry.
Republican Senator Steve West thanked Coleman for providing “clarity” on the matter, stating the opinion aligns with legal precedents and the expectations of the citizens of Kentucky. He urged greater transparency from the corrections department in collaboration with lawmakers and the public to ensure policies are implemented responsibly and legally.
Kentucky joins a growing list of states that have sought to limit or outlaw transgender healthcare. Recent actions taken by the state legislature include banning gender-affirming healthcare for transgender minors and prohibiting transgender girls and women from competing in sports that correspond with their gender identity from sixth grade through college.