Kentucky enacted SB2 barring hormone therapy and gender-reassignment surgery for transgender state inmates

On March 27, 2025, Kentucky Senate Bill 2 (2025 Regular Session), "AN ACT relating to correctional facilities," became law without Gov. Andy Beshear's signature, adding a new provision to KRS Chapter 197 that prohibits state correctional facilities from initiating hormone treatment for transgender inmates and bans elective gender-reassignment surgery outright. The Republican-controlled Senate passed the bill 31-6 on February 18 and the House 73-12 on March 14; Beshear, a Democrat, declined either to sign or veto it, and it took effect as Acts Chapter 99 ten days after being filed with the Secretary of State.

A floor amendment allowed inmates already receiving cross-sex hormone therapy at the time of admission to continue it, but the statute forecloses initiating such care for anyone not already receiving it and prohibits gender-reassignment surgery for any inmate. Sen. Mike Wilson, the lead sponsor, was joined by 30 co-sponsors. Supporters framed the measure as barring the use of public funds for the treatments; medical and civil-rights groups warned during hearings that abruptly halting or denying hormone therapy carries documented health risks and singles out a protected class for the denial of otherwise-available care.

The law placed Kentucky among a group of states enacting restrictions on gender-affirming medical care for incarcerated people in 2025, and applies specifically to those in the custody of the state corrections system, who cannot obtain the care elsewhere.

Updates

2025-07-14 — ACLU of Kentucky sued to block the law [4]

The American Civil Liberties Union of Kentucky filed a federal lawsuit challenging SB2 on behalf of Maddilyn Marcum, a transgender woman incarcerated at the Northpoint Training Center, seeking class treatment for others in state custody affected by the ban. The suit argued the law unconstitutionally denies medically necessary care to incarcerated transgender people.

2025-09-12 — Federal judge declined to block the law [5]

U.S. District Judge Gregory F. Van Tatenhove denied the plaintiffs' request for a preliminary injunction, finding they had not shown at the preliminary stage a constitutional violation warranting an order enjoining enforcement. The ruling left SB2 in effect while the underlying litigation continued.

2025-10-24 — Sixth Circuit denied an injunction pending appeal [6]

The U.S. Court of Appeals for the Sixth Circuit denied the plaintiffs' motion for an injunction pending appeal, finding Kentucky would suffer irreparable harm if blocked from enforcing legislation passed by its representatives and that the plaintiffs had not made the showing necessary to justify immediate relief. SB2 remained in effect as the appeal proceeded.