The Kentucky Department of Corrections sought the opinion from the attorney general, but stopped short of providing any details beyond that at a recent committee meeting.
"And so it sounds like that, to avoid litigation and cost, you sought an opinion from our attorney general to say whether or not department is required or not required. That correct?" Sen. David Yates of Louisville asked.
"That's correct," Corrections Commissioner Cookie Crews answered.
But the request — and its timing, years into the regulation process — rankled Republicans, who quickly dismissed any possibility that the attorney general or GOP-dominated legislature would ever allow such procedures to move forward.
Conservative critics took aim at the Beshear administration over the issue, though the governor clarified that he did not personally support taxpayer-funded gender transition surgeries for inmates.
"I think you all should just stop even pursuing this," outgoing Sen. Damon Thayer said at the meeting with Crews. "I think you're wasting our time (and) wasting the taxpayers' time."
Beshear said Thursday that the regulation will be pulled and redrafted, but, "it does appear that federal law requires some level of care, just not those surgeries. So I believe you will see in the regulation certain care that that is provided to various populations, including the transgender population."
In his opinion, Attorney General Coleman called the idea of the taxpayer funded surgeries "simply absurd," adding that "as a matter of law and common sense, this opinion should settle the question once and for all."