Court Denies Preliminary Injunction in Transgender Healthcare Case
September 12, 2025 12:00 am
FRANKFORT, Ky. – A court today declined to issue a preliminary injunction in Marcum v. Crews, our case 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.
“This decision is disappointing, but we will continue to litigate our case on behalf of Ms. Marcum and all transgender people who are incarcerated in Kentucky.” Said Corey Shapiro, legal director for the ACLU of Kentucky. “We will continue to demonstrate to the court how this cruel policy violates our clients’ right to receive medically necessary healthcare.”
The Eighth Amendment prohibits the use of cruel and unusual punishment, and the Supreme Court has clearly interpreted this provision to include withholding medical treatment. Recent attacks on the transgender population do not erase the fact that transgender people have always existed, and always will.
Read the ruling here.
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