Sixth Circuit Refuses to Block SB 2, Keeping Ban on Taxpayer-Funded Gender “Transitions” for Prisoners in Full Effect

Around this time last year, the KY General Assembly uncovered a scheme by Governor Beshear to pay for gender “transitions” for prisoners with taxpayer dollars. In response to this wasteful use of taxpayer dollars, the General Assembly passed SB 2 during the 2025 legislative session. The Family Foundation supported SB 2 and other efforts to stop taxpayer-funded “transitions.” When SB 2 arrived at Governor Beshear’s desk, he refused to take action on the bill, allowing it to become law without his signature.

Soon after SB 2 became law, the ACLU sued in federal court, arguing that the law somehow violates the Eighth Amendment to the U.S. Constitution. Essentially, the ACLU is attempting to invent a “right” for prisoners to receive taxpayer-funded “transitions.” The lead plaintiff in this lawsuit is a convicted murderer.

In September, a Kentucky federal district court judge rejected the ACLU’s request for an emergency injunction. If granted, this injunction would have blocked SB 2 while the lawsuit proceeded through the legal process. The ACLU then appealed to the U.S. Court of Appeals for the Sixth Circuit, asking them to impose an emergency injunction on SB 2.

Thankfully, on October 24th, the Sixth Circuit denied the ACLU’s request for an emergency injunction, ensuring that SB 2 will remain in full effect while the lawsuit proceeds through the legal process. Specifically, the Sixth Circuit concluded that at this point in the litigation the ACLU had not shown a likelihood of success on the merits of their claim.

The ACLU will now have three options: appeal to the U.S. Supreme Court for an emergency injunction, return to the district court to continue the legal process, or dismiss this meritless case. An appeal to the Supreme Court is unlikely to be unsuccessful, and the ACLU will likely not dismiss the case. So, the most probable outcome is the case returning to the district court for litigation. Please continue to pray for a righteous outcome in this case that rejects radical gender ideology and protects taxpayers.