The Family Foundation Responds to ACLU’s Meritless Challenge To SB 2 Seeking to Force Taxpayer-Funded Gender “Transition” for Convicted Murderer

LEXINGTON, KY – Yesterday, the ACLU of Kentucky filed a meritless legal challenge to SB 2, which prevents prisoners from receiving taxpayer-funded gender “transitions.” The lead plaintiff in the case is Matthew Paul Smith, a convicted murderer. In its filing, the ACLU is attempting to invent a constitutional right to taxpayer-funded gender “transitions” for prisoners.

The need for SB 2 emerged after Governor Beshear attempted to use the regulations process to implement a procedure to pay for gender “transitions” for prisoners. The attempt also revealed that the administration had adopted an internal policy to provide prisoners taxpayer-funded gender “transitions” without approval from the General Assembly in 2021.

Statement from David Walls, executive director of The Family Foundation, in response to the lawsuit:

“This lawsuit from the ACLU is just another example of their radical efforts to push an out of touch far-left agenda in the Commonwealth. It is not possible to change someone’s gender, and these so-called “gender transition” procedures do nothing more than mutilate an individual’s body. Kentuckians were shocked to find out that Gov. Beshear was seeking to use their hard-earned dollars to pay for such procedures for criminals convicted of the most heinous crimes, including murder.

“Tax dollars must not be wasted on attempting to do the impossible. We are thankful to the General Assembly for responding to these concerns by passing SB 2 and to the Kentucky Attorney General’s Office for defending this commonsense law. We encourage the General Assembly to take further action next session to ensure no tax dollars are spent on gender “transitions” or other forms of radical gender ideology,” Walls concluded.

The Family Foundation supported the passage of SB 2 during the 2025 General Assembly. It passed the House 73-12 and the Senate 31-6. SB 2 went into law after Governor Beshear refused to take any action on the bill. Since SB 2 did not contain an emergency clause, it became effective on June 27.