Beshear told reporters during his regular Thursday briefing that he does not support the inclusion of such surgeries in the rules — pointing out that it would mean inmates were receiving better health coverage than law-abiding citizens.
Instead, he said he backs the Department of Corrections' efforts to get an opinion from the state's attorney general on what's required by the federal government.
"The Department of Corrections is just trying to get this right under federal law, and it appears at least a little unclear to me of what's required under federal law," Beshear said. "So, for Republican lawmakers to get upset that we're going to a Republican attorney general to try to get an opinion there on what is required, that seems a little silly. And it's like... just wanting to pick a fight and argue instead of to say, let's work to figure out what's required. Let's figure out what's reasonable."
Republicans have questioned the timing of the request for an opinion, years after the draft regulations process began. And GOP lawmakers have also said they believe there is no appetite in the state for any such rule.
"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," outgoing Sen. Damon Thayer said Monday, pressing Corrections Commissioner Cookie Crews to "stop even pursuing this."
Crews said she was not prepared to answer questions about the regulation until the attorney general weighed in on the matter. But the lack of details about the origins or legal implications of the draft rule left a number of lawmakers sounding perplexed.
"Clearly it's not the intent of this legislature to provide such services and pay for such services, and if there's a federal law or federal regulation involved, we need to know about that and review that," Sen. Stephen West said.
Conservative groups have rallied against the suggestion that any transgender treatments be provided — at taxpayer expense — to those behind bars.
David Walls with the Family Foundation released a statement urging the General Assembly to further strengthen Senate Bill 150 during the next session, and to "push back against the Beshear Administration’s overreach more broadly."
Yet the governor said Thursday, regarding the gender reassignment surgeries question, "I don't believe that that should be provided."
Beshear added that he "recognizes that LGBTQ inmates may be at a higher risk for violence" and pointed to circuit and district court rulings he said direct states to provide certain kinds of healthcare for inmates, including transgender inmates.