Kentucky’s Department of Corrections to expand protections for transgender inmates
In the same week that the US House is rolling back access to gender-affirming care for military families, Kentucky’s Department of Corrections has proposed new rules aimed at expanding protections for transgender inmates. The rules are designed to comply with federal guidelines that require transgender individuals to have access to essential medical and mental health services. The rules also outline protocols for meeting requests for gender-affirming care, including psychological evaluations and possibly medical interventions.
While Commissioner Cookie Crews clarified at a recent legislative meeting that no such surgeries are currently funded, Republicans argue that the proposal could pave the way for taxpayer-funded gender reassignment surgeries for inmates. The department is seeking guidance from Kentucky’s Attorney General Russell Coleman on whether it is legally required to cover these procedures, and their letter to Coleman highlights concerns about potential legal liability under the Eighth Amendment, which prohibits cruel and unusual punishment if medically necessary care isn’t provided. The DOC hopes the guidance will clarify whether the state is obligated to cover gender-affirming surgeries for inmates when deemed medically necessary by healthcare professionals, but, for now, the regulations emphasize safety, respect, and healthcare access for trans inmates.
The proposed rules aim to make state prisons safer for transgender inmates, a group that is statistically more vulnerable to violence. The new rules include guidelines for staff on how to professionally and respectfully search transgender inmates, address them by their preferred pronouns, and consider their views when assigning housing. Additionally, any decisions about medical care would involve extensive evaluations by a team of healthcare specialists. Gender-affirming surgery would be considered only as a last resort after all less-invasive treatments have been tried and deemed insufficient.
Critics in the GOP have accused Democratic Gov. Andy Beshear’s administration of endorsing radical measures, but Beshear’s office has pushed back, stating the governor does not support using taxpayer money for surgeries while acknowledging the importance of maintaining safety for LGBTQ inmates.
Kentucky’s approach mirrors federal standards, which have previously allowed gender-affirming care for incarcerated individuals, even under the Trump administration, but with trans health access under attack, the evolving discussion around the rules raises questions about balancing the rights and healthcare needs of transgender inmates with political and public scrutiny.
