Kentucky AG Declares State Not Obligated to Finance Transgender Procedures for Inmates
The Kentucky Department of Corrections requested this opinion as it considered updating certain administrative regulations regarding medical care for incarcerated individuals. Coleman was asked to assess whether refusing such surgeries when deemed “medically necessary” by healthcare professionals would contravene the constitutional ban on cruel and unusual punishment.
“It is clear that it is not ‘cruel and unusual’ for the department to refrain from using taxpayer funds on such contentious medical treatments,” Coleman’s opinion stated. “Fortunately, there exists no binding legal authority that forces the department to forgo common sense.”
Coleman expressed to The Associated Press his assurance that his opinion would decisively clarify the issue.
“The notion that Kentucky taxpayers should be compelled to finance gender surgeries for convicted individuals is simply ridiculous,” he remarked.
This topic gained prominence following a recent meeting of a legislative committee, where efforts by the corrections department to revise regulations for transgender inmates faced opposition from several Republican legislators.
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The Lexington Herald-Leader reported that the suggested changes aimed to enhance protections for transgender individuals in prison by confirming their access to specific medical and mental health services as well as housing in line with their gender identity.
Democrat Gov. Andy Beshear responded to the attorney general’s opinion by indicating that the proposed regulation would be modified accordingly.
“However, like any medical coverage for an inmate, there are limitations,” Beshear told reporters. “Ultimately, we assess what is reasonable. And I believe what is reasonable is that no inmate, regardless of gender identity, should have superior access to healthcare compared to a law-abiding private citizen.”
The governor recognized the importance of balancing healthcare provision for incarcerated individuals while considering the taxpayers’ interests.
“Federal law does seem to require some standard of care, just not for those surgeries,” he mentioned.
Beshear emphasized the necessity of achieving the right balance.
“It would be unconstitutional and incorrect to provide no specialized care whatsoever,” he added.
In response, the Kentucky Republican Party criticized how Beshear’s administration approached this issue.
“As governor, he is accountable for the policies and regulations established by his government. He should either lead this administration or not,” stated Andy Westberry, the communications director for the state GOP.
Republican state Sen. Steve West expressed gratitude for the attorney general’s opinion, noting that it provided “clarity” and reflected both “legal precedent and the practical expectations of Kentuckians.”
“I encourage the department to be more transparent with lawmakers and the public as we strive to create responsible policies that comply with the law,” he stated in a release.
The recent developments occur within the broader context of transgender issues in Kentucky. In 2023, state lawmakers prohibited transgender procedures for minors. Earlier in 2022, the state Legislature barred males who identify as transgender girls or women from participating in female sports from sixth grade through college.
The Associated Press contributed to this report.
