LOUISVILLE, Ky. – The American Civil Liberties Union of Kentucky today filed a class action suit against Kentucky Department of Corrections officials and a corporate healthcare provider seeking relief for current and future transgender people who are incarcerated and who are being deprived of medically necessary and appropriate treatment for Gender Dysphoria.
The lead plaintiff, Maddilyn Marcum, first received a diagnosis of Gender Dysphoria in 2009, and she received Hormone Therapy under a licensed medical provider’s care for five years prior to her incarceration. After initially refusing to provide her with care, the Department of Corrections eventually acknowledged Ms. Marcum’s diagnosis in 2016 and recognized the medical necessity of prescribing Hormone Therapy for her condition. She now brings the suit on behalf of herself and a class of current and future individuals in the Kentucky Department of Corrections’ custody because she, and sixty-six other current prisoners are being, or will soon be denied access to that gender affirming care as a result of Senate Bill 2, which passed the General Assembly in 2025.
In explaining why she brought the lawsuit, Ms. Marcum stated, “Untreated Gender Dysphoria creates a substantial risk of severe physical and psychological harm to the individual, which I have personally suffered from in my life. This case is not about a lifestyle choice, it is about ensuring that I and others receive medically accepted, appropriate healthcare for a diagnosed condition.”
“People who are incarcerated are already serving the sentence they received,” said William Sharp, senior staff attorney for the ACLU of Kentucky. “But that sentence does not include, nor does the Constitution permit, that they also be denied adequate healthcare simply because politicians disagree with the treatment that the medical community recognizes as appropriate and that medical providers have prescribed.”
A copy of the filing can be found below.
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The American Civil Liberties Union (ACLU) of Kentucky is freedom's watchdog, working daily in the courts, legislature and communities to defend individual rights and personal freedoms. For additional information, visit our website at: www.aclu-ky.org.
