(The Lion) — The Republican attorney general of Kentucky says the state doesn’t have to fund sex change operations for prisoners – and the state’s Democratic governor agrees.
Attorney General Russell Coleman issued the opinion Thursday, clarifying his legal stance on the matter.
“For most Kentuckians, the answer to the Department’s question is self-evident,” Coleman wrote in the opinion. “Common sense dictates that it is not ‘cruel and unusual’ for the Department to decline to spend taxpayer dollars on such controversial medical procedures. Fortunately, there is no controlling legal authority that compels the Department to abandon common sense.”
Coleman also called the idea “absurd” in a press release.
“The idea that Kentucky taxpayers should be forced to pay for gender surgeries for convicted criminals was simply absurd. As a matter of law and common sense, this Opinion should settle the question once and for all,” Coleman said. “The people of Kentucky expect their public officials to focus on protecting their families and building a stronger Commonwealth, and that’s exactly what we’ll continue to do in the Attorney General’s Office.”
Coleman’s opinion was issued in response to a request from the Kentucky Department of Corrections as it revises its regulations for inmate medical care.
The Department of Corrections wanted Coleman to address whether denying these surgeries violates the Eighth Amendment, which bans cruel and unusual punishment. However, Coleman said nothing in federal law forces the state to fund this practice, citing past rulings from federal appeals courts.
Democratic Gov. Andy Beshear, a former attorney general, agreed with Coleman.
“Federal law requires certain safety procedures, as well as certain medical coverage for those inmates, but like medical coverage for any inmate, it has its limits,” Beshear said during his weekly Team Kentucky update. “In any circumstance, an inmate, regardless of their gender identity, should not have better access to health care than a law-abiding private citizen.”
The Department of Corrections plans to respect Coleman’s opinion, Beshear said, and write the regulations in a way that follows it.
The AG’s opinion comes one month after Vice President Kamala Harris lost the 2024 presidential election. One of the most prominent attack ads against her highlighted her support for taxpayer-funded sex changes for illegal immigrant prisoners.