Kentucky conservatives are pushing back against proposed regulations by the state Department of Corrections that could potentially allow inmates who identify as transgender to receive hormone therapy and surgery at taxpayer expense.
The proposal came to light during a meeting last week of the legislature’s Administrative Regulation Review Subcommittee.
The proposed regulation would adopt a Department of Corrections memo from 2021 that first established the policy of providing “transition” surgeries to prisoners.
Corrections Commissioner Cookie Crews told lawmakers that no transgender procedures have yet been performed on state prisoners and that the department has asked Attorney General Russell Coleman’s office to determine whether such procedures are legally required.
Outgoing Senate Majority Floor Leader Damon Thayer, R-Georgetown, was sharp in his criticism of the policy 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 said.
“I think you’re wasting our time. I think you’re wasting the taxpayers’ time and, frankly, I think this administration’s pursuit of this out of the mainstream taxpayer-funded procedure is an insult. And you ought to just stop. Because if you don’t, it’s going to blow up into a much bigger issue than just this little subcommittee today.”
But Sen. David Yates, D-Louisville, asked Crews whether the Corrections Dept. is simply trying to align with federal guidelines.
“Sounds like that, to avoid litigation and cost, you’ve sought an opinion from our attorney general of the state to determine whether the state is required or not required – is that correct?”
“Yes, that’s correct,” Crews said.
But some legislators questioned why the department had made the request to the attorney general only last Friday, when the policy has been in place for some time.
“Why did you just go ahead in August of 2021 and June of 2023 and do this through internal memos and not follow the regulatory process?” asked subcommittee co-chair Sen. Stephen West, R-Paris.
“You know, I don’t really remember that, but I will research it and respond back to you,” Crews responded.
“This doesn’t look good or sound good the way this has progressed,” West said. “It’s like the department is making its own law internally and not going through the legislative process. Clearly, it’s not the intent of this legislature to provide such services and pay for such services.”
In a statement to the Lexington Herald Leader, a spokesman for Gov. Andy Beshear said the governor does not support taxpayer-funded transgender procedures for state inmates.
“Federal law requires many of the practices contained in the draft regulation, and the governor recognizes that LGBTQ inmates may be at heightened risk for violence,” Beshear Communications Director Crystal Staley told the newspaper.
“However, convicted felons do not have the right to have any and all medical surgeries paid for by state taxpayers, especially when the coverage would exceed what is available to law-abiding citizens.”
Kentucky law bans so-called “gender-affirming” procedures for minors. The U.S. Supreme Court is considering whether to uphold a similar Tennessee law.
When questioned, Crews also told lawmakers that there are biological males who identify as female being housed in the women’s prison.
When asked how many, Crews said she did not know but promised to find out.
Read the Department of Corrections policy memo on transgender inmates here.
(Photo: Kentucky State Penitentiary at Eddyville)
By Lawrence Smith, Kentucky Today
