Kentucky court rejects injunction in transgender health care case

FRANKFORT, Ky. (FOX 56) — A Kentucky court declined to issue a preliminary injunction on Friday in a case brought by the ACLU of Kentucky in June regarding transgender healthcare for people who are incarcerated.

According to the ACLU of Kentucky, Maddilyn Marcum was diagnosed with gender dysphoria in 2009 and received treatment for five years before her incarceration.

In 2016, the Department of Corrections allowed Marcum to receive care after initially refusing to do so.

The lawsuit said 66 other current prisoners who are being, or will soon be denied access to that gender affirming care as a result of Senate Bill 2, which passed the General Assembly in 2025.

The short one-and-a-half-page bill stops any public money from being spent on prescribing hormones or conducting gender-reassignment surgeries for state inmates. The bill allows inmates to gradually reduce their intake of any medication.

“This decision is disappointing, but we will continue to litigate our case on behalf of Ms. Marcum and all transgender people who are incarcerated in Kentucky.” Said Corey Shapiro, legal director for the ACLU of Kentucky. “We will continue to demonstrate to the court how this cruel policy violates our clients’ right to receive medically necessary healthcare.”

ACLU of Kentucky argues that the Eighth Amendment prohibits the use of cruel and unusual punishment, and the Supreme Court has clearly interpreted this provision to include withholding medical treatment.

With no preliminary injunction, Kentucky correctional facilities will continue to follow the guidance set out in Senate Bill 2 until the ACLU’s lawsuit is adjudicated.

The court’s full ruling can be read here.