Frankfort, Kentucky – Conservatives in Kentucky are expressing strong opposition to a proposed regulation by the state Department of Corrections that would permit inmates identifying as transgender to access hormone therapy and gender-affirming surgeries funded by taxpayers. The proposal was unveiled during a recent Administrative Regulation Review Subcommittee meeting.
The regulation aims to implement a Department of Corrections memorandum from 2021, which initially allowed for the provision of such medical treatments. Corrections Commissioner Cookie Crews informed lawmakers that no transgender surgeries have yet been performed on state prisoners and that the department is currently consulting with the Attorney General’s office regarding the legal obligations surrounding these procedures.
Outgoing Senate Majority Floor Leader Damon Thayer, a Republican from Georgetown, voiced strong objections during the hearing. “I don’t think the taxpayers of Kentucky are really interested in paying for hormone replacement therapy or transgender surgeries for people who have been found guilty of committing crimes against the commonwealth,” Thayer stated. He warned that the situation could escalate if not properly addressed.
Conversely, Senator David Yates, a Democrat from Louisville, questioned whether the Corrections Department was merely seeking to comply with federal guidelines to prevent potential litigation. Crews confirmed this inquiry, stating that they are looking for clarity on whether funding such procedures is a legal requirement.
Criticism arose over the timeline of the request made to the Attorney General. Senator Stephen West, co-chair of the subcommittee, pointed out that the department initiated this inquiry only recently, despite having internal policies in place for some time. “It’s like the department is making its own law internally and not going through the legislative process,” he remarked, emphasizing the need for transparency and adherence to established procedures.
In response to the growing controversy, a spokesperson for Governor Andy Beshear dismissed the idea of taxpayer-funded gender-affirming procedures, asserting that convicted felons should not have access to surgeries financed by state resources. The spokesperson noted that while federal law requires certain practices for the treatment of inmates, there are limitations on what the state should fund concerning healthcare for incarcerated individuals.
Kentucky law currently forbids “gender-affirming” procedures for minors, and the U.S. Supreme Court is deliberating a similar law from Tennessee. During the meeting, Crews also indicated that there are biological males identifying as female housed within the women’s prison, although she could not provide specific numbers.
This ongoing discussion continues to reshape the conversation around the rights of transgender inmates and the responsibilities of the state in providing medical care. Stakeholders await further developments as the Department of Corrections navigates both legal and ethical dimensions of their policy.