FRANKFORT, Ky. (AP) – Kentucky is not legally required 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 corrections department sought the advice of the state’s Republican attorney general as the agency changes its administrative regulations regarding medical care for people in prison.
Coleman was asked whether the constitutional ban on cruel and unusual punishment means the department is required to pay for gender confirmation surgeries for transgender people in prison when the procedure is deemed “medically necessary” by medical professionals.
Trusted news and daily treats, straight to your inbox
See for yourself: The Yodel is the source for daily news, entertainment and feel-good stories.
“Common sense dictates that it is not ‘cruel and unusual’ for the department to refuse to spend taxpayer dollars on such controversial medical procedures,” Coleman said. “Fortunately, there is no controlling legal authority forcing 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 reassignment surgery for convicted criminals was simply absurd,” he said.
The issue surfaced during a recent legislative committee meeting, when the Department of Corrections sought to update rules to broaden accommodations for transgender people in prison to meet federal standards. The department’s efforts drew backlash from some Republicans in the supermajority Republican 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 care and are housed in facilities that match their gender identity, the Lexington Herald-Leader reported. If gender-affirming care is requested, the changes provide a protocol that includes comprehensive mental health evaluations and possibly medical interventions.
Kentucky Governor Andy Beshear said Thursday he appreciated the attorney general’s response and said the proposed regulation would be redrafted to reflect the views of Coleman’s office.
Beshear, a Democrat seen as a potential presidential candidate in 2028, said LGBTQ+ people in prison may face greater risks of violence while incarcerated and may have different health care needs.
Earlier this year, a transgender woman who was attacked by an incarcerated man while housed in a men’s wing of an Arizona prison won a $10,000 judgment in a federal civil rights case.
Federal law requires security procedures and medical coverage for LGBTQ+ people in prison, Beshear said.
“But like medical coverage for any inmate, it has its limits,” Beshear told reporters. “Ultimately we look at what is reasonable. And I think what’s fair is that a prisoner, regardless of his or her gender identity, should not have better access to health care under any circumstances than a law-abiding private citizen.”
Kentucky must strike a balance between providing health care to people in prison while respecting taxpayers, Beshear said.
“It appears that federal law requires a certain level of care, but not those surgeries,” he said. “So I think you’ll see in the regulations certain care provided to different populations, including the transgender population. It would be unconstitutional and unconstitutional. it would be wrong not to provide specialized care at all. That is why we will try to find the right balance.”
The Republican Party of Kentucky criticized Beshear for his administration’s handling of the issue.
“As governor, he is responsible for the policies and regulations put in place by his administration. Either he leads this administration or he doesn’t,” GOP communications director Andy Westberry said in a statement.
Kentucky is one of many states that have taken steps to restrict or ban transgender care. In 2023, Kentucky’s legislature banned access to gender-affirming health care for transgender youth. In 2022, the state legislature voted to ban transgender girls and women from participating in school sports that match their gender identity, from sixth grade through college.
