Kentucky attorney general finds no requirement to use tax dollars to pay for inmate gender surgeries
Kentucky's attorney general says the state is under no legal requirement to use taxpayer money to cover the costs of gender-affirming surgeries for people incarcerated in state prisons
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Kentucky is under no legal requirement to use taxpayer money to cover the costs of gender-affirming surgeries for people incarcerated in state prisons, Attorney General Russell Coleman said Thursday.
The state's corrections department requested the opinion from the state's Republican attorney general as the agency amends its administrative regulations regarding medical care for people in prison.
Coleman was asked whether the constitutional prohibition against cruel and unusual punishment means the department is required to pay for gender-affirming surgeries for transgender people in prison when the procedure is deemed “medical necessary” by medical professionals.
“Common sense dictates that it is not ‘cruel and unusual’ for the department to decline to spend taxpayer dollars on such controversial medical procedures," Coleman's opinion said. "Fortunately, there is no controlling legal authority that compels the department to abandon common sense.”
Coleman said the opinion should settle the question "once and for all.”
“The idea that Kentucky taxpayers should be forced to pay for gender surgeries for convicted criminals was simply absurd," he said.
The issue surfaced at a recent legislative committee meeting as the corrections department attempts to update rules to broaden accommodations for transgender people in prison to comply with federal standards. The department's efforts drew a backlash from some Republicans in the GOP-supermajority Legislature.
The department's proposed new rules would expand protections for transgender people in prison by ensuring they have access to appropriate medical and mental health services and are housed in facilities that align with their gender identity, the Lexington Herald-Leader reported. If gender-affirming care is requested, the changes set out a protocol that includes extensive mental health evaluations and, potentially, medical interventions.
Kentucky Gov. Andy Beshear said Thursday that he appreciated the attorney general's response and said the proposed regulation would be redrafted to reflect the opinion from Coleman's office.
Beshear, a Democrat who is seen as a potential presidential candidate in 2028, said LGBTQ+ people in prison can face greater risks of violence while incarcerated and can have different health care needs.
Earlier this year, a transgender woman who was assaulted by an incarcerated man while housed in a men’s unit at an Arizona penitentiary won a $10,000 judgment in a federal civil rights lawsuit.
Federal law requires safety procedures as well as medical coverage for LGBTQ+ people in prison, Beshear said.
“But like medical coverage for any inmate, it has its limits," Beshear told reporters. "In the end, we look at what’s reasonable. And I think what is reasonable is, in any circumstance, an inmate regardless of their gender identity should not have better access to health care than a law-abiding private citizen.”
Kentucky has to balance providing health care for people in prison while respecting taxpayers, Beshear said.
“It does appear that federal law requires some level of care, just not those surgeries," he said. “So I believe you will see in the regulation certain care that is provided to various populations including the transgender population. It would be unconstitutional and it would be wrong to provide no specialized care at all. So we’re going to try to find that right balance.”
The Kentucky Republican Party criticized Beshear for his administration's handling of the issue.
"As governor, he is responsible for policies and regulations that are put in place by his administration. He’s either leading this administration or he’s not,” state GOP communications director Andy Westberry said in a statement.
Kentucky is among many states that have taken steps to restrict or ban transgender care. In 2023, Kentucky lawmakers banned access to gender-affirming health care for transgender young people. In 2022, the state Legislature voted to bar transgender girls and women from participating in school sports matching their gender identity from sixth grade through college.