LEXINGTON, Ky. — A transgender woman imprisoned in Kentucky has filed a lawsuit against the state’s Department of Corrections, challenging a new law that limits her access to hormone replacement therapy. The lawsuit, initiated by the American Civil Liberties Union of Kentucky on behalf of Maddilyn Marcum, contends that the law infringes upon both her Eighth Amendment rights, which protect against cruel and unusual punishment, and her rights under the Fourteenth Amendment’s Equal Protection Clause.
Earlier this year, the Republican-led Kentucky General Assembly enacted Senate Bill 2, which prohibits the Department of Corrections from prescribing hormone therapy or offering gender-affirming surgeries to transgender individuals in state prisons. This legislation has sparked significant controversy and claims of discrimination against trans inmates.
Marcum, currently serving a 40-year sentence for murder at Northpoint Training Center, argues in the 19-page complaint that the legislation is unconstitutional. Previously, she had been receiving hormone therapy for five years prior to her incarceration, as recommended by healthcare providers. After her conviction in 2015, the Department of Corrections initially agreed to continue her treatment based on medical necessity and federal guidelines.
However, upon the law’s passage, Marcum’s hormone therapy will be significantly reduced starting in August, with plans to discontinue it altogether by November. The legal filing highlights that the denial of this care represents a substantial threat to the health and well-being of Marcum and others in similar situations.
The lawsuit specifically targets the ban on hormone treatments but does not challenge the section of the law that prevents state funding for gender-reassignment surgeries. Alongside the Department of Corrections, Marcum is suing Appalachian Regional Healthcare for complying with the law, asserting that it leaves her without medically necessary treatment.
Marcum’s history with gender dysphoria dates back to 2009, and she has consistently relied on hormone therapy to manage her condition. Experts, including major medical organizations like the American Medical Association and the American Psychological Association, have emphasized that hormone therapy is not merely elective but medically necessary for those experiencing gender dysphoria. The legal filing reiterates this point, stressing that the treatment aims to align an individual’s physical state with their gender identity.
Meanwhile, state officials, including Senate Majority Whip Mike Wilson, have characterized gender-affirming care as non-essential, labeling it a cosmetic procedure. Such assertions have been met with strong counterarguments from health professionals who warn that limiting access to this type of care can have dire psychological and physical consequences for transgender individuals.
Currently, 67 transgender individuals are incarcerated across Kentucky, of which 66 could be impacted by the new restrictions. The lawsuit seeks to apply to all current and future inmates in the state’s corrections system diagnosed with gender dysphoria or who meet the criteria for it.
Marcum has stated that the denial of care exacerbates the psychological and physical toll of her condition. Responding to the lawsuit, Kentucky Attorney General Russell Coleman reiterated the state’s position, asserting that taxpayers should not be responsible for covering sex-change procedures for convicted felons.
As this legal battle unfolds, advocates are calling attention to the broader implications of such laws, highlighting concerns about the treatment of vulnerable populations within the penal system and the importance of adequate healthcare for all individuals, regardless of their legal status.
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