Mostly along partisan lines, legislature overrides governor's veto of bill that would ban gender-affirming care to minors in Kentucky

Nineteen protesters opposing Senate Bill 150 in the gallery were arrested as the House voted to overrode the veto of a bill to ban gender-affirming care for Kentucky's youth. (Photo by Melissa Patrick)

By Melissa Patrick
Kentucky Health News

Republicans in the Kentucky House and Senate voted Wednesday to override Democratic Gov. Andy Beshear's veto of Senate Bill 150, which bans gender-affirming care for trans youth and sets rules around how issues of sexuality should be addressed in schools. 

The Senate voted 29-8 to override the veto, with one Republican voting against the override and one Democrat changing her vote. Soon after, the House voted 76-23 for the override, with four Republicans voting against the measure and one Democrat voting for it. 

Protesters were chanting loudly from the halls while the Senate overrode the veto. In the House,  protesters in the galley yelled, "Henry, Zachee -- they should be with us today." 

This chant was in reference to Sen. Karen Berg's 24-year-old transgender son, Henry, who died by suicide in December and the shooting death of a Louisville transgender woman, Zachee Imanitwitaho. 

Kentucky State Police arrested 19 of the protesters, according to the Lexington Herald-Leader. 

"KSP gave each individual the option to leave without any enforcement action or be placed under arrest,” Capt. Paul Blanton, a KSP spokesperson, told the Herald-Leader in a prepared statement.

Earlier that morning, hundreds of LGBTQ+ youth and their supporters rallied to ask the lawmakers to not override Beshear's veto. 

Before being removed, the protesters in the House were so loud that it was difficult to hear the lawmakers explaining their "no" votes during the veto override, even with their efforts to be heard. 

Senate Bill 150, sponsored by Sen. Max Wise, R-Campbellsville, would ban gender-affirming treatment for Kentuckians under 18, including surgeries and puberty-blocking hormones, even if parents want the treatment for their children.

It would bar schools from requiring teachers to use a transgender student's preferred pronouns, keep trans students from using bathrooms that fit their gender identity, and bans instruction that explores "gender identity, gender expression or sexual orientation," among other sex-education requirements.

Wise focused his comments on the school-related requirements, with little said about the bans on gender-affirming care for trans youth. 

"The goal is to strengthen parental engagement and communication in children's education while protecting the safety of our children," he said while explaining the bill on the Senate floor. 

“I’ve had countless number of people coming up to me from both sides of the aisle to say, ‘Thank you for standing up for common sense. Thank you for standing up and being willing to stand in that gap, to be willing to take whatever it is thrown our way,’’ Wise said on the Senate floor while explaining the bill. “If it’s hit jobs from newspaper activists, if it is for standing up for parents, for those that do not show up here in committee meetings to testify because they’re working and because they are also dependent upon us in a representative democracy, that we can make common sense decisions here that protect our children.”

Berg opened her remarks by reading the words her son, Henry Berg-Brousseau, wrote for the Human Rights Campaign that was published the day before he took his life.  

"To say this is a bill protecting children is completely disingenuous. And to call this a parent rights bill is an absolute despicable affront to me personally," she said. "We are denying families their physicians and their therapists the right to make medically informed decisions for their families. Not a single reputable society, National Medical Society in this country, supports what we are doing today. The data at this point is unequivocal.  The misinformation is appalling. Appalling that you allow this information to stand." 

Sen. Danny Carroll of Benton was the only Republican to vote against the measure. He said it was an "uncomfortable place to be" to go against his entire caucus, but he was convinced it was the right thing to do, later adding that if having access to puberty-blocking hormones saved just one child's life, they should be available to them. 

"My fear and my no vote is for those kids that are being left you Those kids that may be contemplating suicide, that may need to delay puberty, that that could have a huge impact on them. We're taking away an option that a family that a doctor would have -- we're not doctors, with the exception of a couple of us, we're not doctors, I trust them to make the right decisions when they are dealing with those kids in those specific instances." 

Sen. Robin Webb, D-Grayson, voted initially voted in favor of the bill but said after further "reflection and evaluation" she voted against voting to override Beshear's veto of SB 150. Over and again, she called the bill a "bad product." She said there were parts of the bill that she could support and that the amendment offered by Carroll that was not called up for a vote was " a rational solution and a much better product." Further, she said the bill had "legitimate constitutional issues" and contradictions. 

"This discussion is not over," she said. "We will get to revisit this I'm sure once it gets through the courts. And I'm going to serve with the senator from McCracken in making sure that we achieve what the intention of this legislation is and to better perfect the provisions of it that I personally support." 

While explaining his "yes" vote, Sen. Chris McDaniel, R- Ryland Heights, said, "The bill is intended to balance the needs and desires of families with children who are following a conventional path of human sexuality, while making reasonable accommodations for those who have a different path." Later adding that the bill strives for a balance for all citizens "while protecting the rights of the minority, while respecting the will of the majority." 

It is unclear what majority McDaniel is referring to. A Mason-Dixon poll by the Fairness Campaign, a pro-LGBTQ+ rights advocacy group that paid for the poll question, showed 71 percent of respondents oppose laws letting state leaders overrule parents' wishes for gender-affirming care for their child.

In the House, 16  of the 20 Democrats stood to passionately explain their "no" votes, as there was no discussion allowed on the measure before the vote because of the protesters. No one stood to explain their yes vote. 

"This is dangerous policy, passed by poor process, supported by junk science," said Josie Raymond, D-Louisville, ""We should not override this veto." 

Minority Leader Derrick Graham of Frankfort said, "Over my 21 years, this is the worst bill I've had to vote for on this floor. . . .  For over 40 years, you want limited government, you want local control, you believe in individual responsibilities, and government intervention is not the real answer to solving our problems. Well, all of those four things that I just went off and talked about, you've done. You've invaded on the rights of the parents, you've invaded on the rights of the individuals who were here today." 

The four House Republicans who voted against the veto override were Reps. Killian Timoney, Kim Moser, Kim Banta and Stephanie Dietz. Rep. Ashley Tackett Laferty was the only Democrat to support the measure.

The bill is expected to face a legal challenge. 

"To all the trans youth who may be affected by this legislation: we stand by you, and we will not stop fighting. You are cherished. You are loved. You belong," the American Civil Liberties Union of Kentucky said in a statement. "To the commonwealth: we will see you in court."

The ACLU has called this bill the most extreme anti-trans bill in the United States.

The Family Foundation of Kentucky praised the override. 

"SB 150 will protect the lives of Kentucky children by setting policy in alignment with the truth that every child is created as a male or female and deserves to be loved, treated with dignity, and accepted for who they really are," Family Foundation executive director David Walls said in a statement.

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Coronavirus cases up 8.7% over prior week; Covid-19 deaths fall, but remain above month's average; state attributed 49 last week

Kentucky Department for Public Health graph, adapted by Kentucky Health News

By Melissa Patrick
Kentucky Health News

New coronavirus cases in Kentucky rose last week and deaths attributed to Covid-19 went down, but remained above the recent average as Kentuckians continued to die from the disease.

The state Department for Public Health's latest report showed there were 2,222 new cases of the coronavirus last week, or 317 cases per day. That's 8.7% more than the prior week, when the state reported 2,044 new cases, 292 per day.

The state attributed 49 more deaths to Covid-19 last week, down from 66 the week before. The state's Covid-19 dashboard indicates that the attribution of deaths is running about a month behind the dates of death.

Over the last four weeks, the state has reported an average of nearly 44 Covid-related deaths each week. The state's death toll from Covid-19 is now 18,292.

The best way to protect yourself from the virus is to get vaccinated and there's still plenty of Kentuckians who need to do so. State data show that only 58% of Kentucky's total population is "fully vaccinated" and only 39% have been boosted.

The weekly new case rate was 6.91 cases per 100,000 residents, up from 6.17 the week before. The top 10 counties were Fleming, 32.33 cases per 100,000; Clinton, 20.97; Elliott, 19; Wayne, 17.56; Powell, 17.34; Rowan, 16.35; Russell, 15.14; Rockcastle, 14.55; Green, 14.36; and Martin, 14.04.

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Beshear vetoes bill that would ban gender-affirming care for Kentuckians under 18; Republicans are expected to override it

Gov. Andy Beshear (State photos)

By Melissa Patrick
Kentucky Health News

Gov. Andy Beshear has vetoed a far-reaching bill that would ban transgender minors' access to gender-affirming care and sets strict rules for teaching in Kentucky's schools about sexuality. 

Senate Bill 150 would ban gender-affirming treatment for Kentuckians under 18, including surgeries and puberty-blocking hormones, even if parents want the treatment for their children.

It would bar schools from requiring teachers to use a transgender student's preferred pronouns, keep trans students from using bathrooms that fit their gender identity, and bans instruction that explores "gender identity, gender expression or sexual orientation," among other sex-education requirements. 

State Sen. Max Wise

The veto came as no surprise. Beshear, a Democrat running for re-election, has been consistent in his disapproval of the bill, sponsored by Sen. Max Wise, R-Campbellsville, who is running for lieutenant governor on a slate headed by Kelly Craft of Lexington.

"I think I've been clear on how I feel about it," Beshear said the day before he vetoed the bill. "I believe Senate Bill 150 tears away the freedom of parents to make important and difficult medical decisions for their kids. It tears away the freedom of parents to do what those parents believe is best for their kids, and instead has big government making those decisions for everyone -- even if the parents disagree."

Beshear's veto message says SB 150 "allows too much government interference in personal healthcare issues and rips away the freedom of parents to make personal family decisions." He wrote that it turns educators and administrators into investigators who must report to parents about how students behave and/or refer to themselves or others. 

He also wrote, "My faith teaches me that all children are children of God and Senate Bill 150 will endanger the children of Kentucky," citing data to support his concerns.

"In a 2022 National Survey on LGBTQ youth mental health, 45% of LGBTQ youth seriously considered suicide in the past year and nearly one in five transgender youth attempted suicide," he wrote. "The American Medical Association reports that receipt of care dramatically reduces the rates of suicide attempts, decreases feelings of depression and anxiety, and reduces substance abuse. Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population. Senate Bill 150 will cause an increase in suicide among Kentucky's youth." 

Lawmakers will reconvene March 29 and 30, when the majorities of Republicans in the House and Senate are expected to easily override the veto. Republicans were quick to criticize it. 

Wise's statement said Beshear "puts party over Kentuckians' wish to eliminate woke ideologies in our children's schools." He said the goal of the bill "is to strengthen parental engagement and communication in their children’s education."

He added, "Parents should look at this veto as a slap in the face. . . . I look forward to the legislature overriding this veto, and protecting children from the irreparable harm of gender-transition surgeries by making SB 150 law.”

Wise also issued a joint statement with Craft, saying “Time and time again, Gov. Beshear has proven he is out of step with what Kentuckians are talking about at their kitchen tables: communication and engagement with their children’s schools. A Craft-Wise administration will ensure our children are protected, make sure parents are heard, and empower teachers to focus on providing a world-class education that teaches our children how to think, not what to think.”

Republican Party of Kentucky spokesman Sean Southard also criticized the veto and looked ahead to the election.

“Is Andy Beshear the governor of Kentucky or California?” Southard asked. “Kentucky voters will have an opportunity this fall to rid our state of this far-left governor and replace him with a Republican who will work to protect children. Once this campaign is over, today may very well be remembered as the day Andy Beshear lost his bid for re-election.”

Attorney General Daniel Cameron, the apparent front-runner in the May 16 Republican primary, criticized news-media coverage of the bill and said “chemical castration and genital mutilation . . . is the exact opposite of how we should support children experiencing gender dysphoria or mental-health struggles. My administration will protect our youth from dangerous ideologies and defend Kentucky’s values.”

Others issued statements praising the veto. 

"By vetoing this hateful legislation, Gov. Beshear has demonstrated his commitments to protect Kentucky parents’ rights to raise their children as they see fit, and to keep medical decisions where they belong: between providers and patients," said Angela Cooper, communications director for American Civil Liberties Union of Kentucky.   

Chris Hartman, executive director of the Fairness Campaign, said "SB 150 will only lead to disaster and despair for transgender Kentucky kids and their families. . . . We urge state lawmakers to read the governor's veto message, listen to medical professionals and sustain Gov. Beshear's veto." 

Kentucky Voices For Health said in its newsletter that it joined more than 500 organizations, providers and individuals in signing a letter of opposition to SB 150, and urged citizens to call their legislators' offices at 502-564-8100.

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Legislature takes away Medicaid dental, vision and hearing benefits Beshear granted; he indicates he will do it another way

By Melissa Patrick
Kentucky Health News

In October, Democratic Gov. Andy Beshear announced the expansion of dental, vision and hearing benefits for 900,000 Kentucky adults on Medicaid. On March 16, 2023, the Republican-controlled General Assembly took a final vote to take those benefits away, calling the regulation used to install them deficient. Beshear said Thursday that he will find a way to keep them in place.

Sen. Stephen West, R-Paris

In presenting Senate Bill 65, Sen. Stephen West, R-Paris, said the regulation Beshear issued to expand these services was deficient because the funding came from the $38 million in savings that came when the state moved to a single pharmacy benefit manager, a middleman between drug manufacturers and companies that manage Medicaid.

West said using these savings amounted to the governor "appropriating money" and that lawmakers should have been involved in how it was spent.  

"It was a huge change, really that should have been done through, we felt, through statute through involving the legislature," West said at the Feb. 15 Senate State and Local Government Committee meeting.

In October, Cabinet for Health and Family Services spokeswoman Susan Dunlap told the Courier Journal that federal funds would cover 90% of the expansion's cost. She said the state's move to one pharmacy-benefits manager last year "has resulted in significant ongoing savings to the Medicaid program that will provide enough funding for this program moving forward."

As SB 65 went through the legislature, it was amended to extend dental, vision and hearing services through June 30 to allow people already getting the services to receive them and allow providers to be paid. 

The amendment also says nothing in the bill should be construed to prohibit the state Medicaid department from increasing reimbursement rates, long a goal of health-care providers. The Kentucky Oral Health Coalition says Medicaid's dental provider rates have been stagnant for more than 20 years.

Sen. Stephen Meredith, R-Leitchfield, said a rate hike is especially needed in medically disadvantaged areas. In explaining his vote for SB 65, he also said the momey could have been used to help the 5,000 children who are waiting for services from one of the state's special Medicaid waiver programs. 

"I just want to remind folks that what we're asking here is for some involvement from the legislature," Meredith said. "Talk to us. Let us have some input in this." 

What's next? 

Before the expansion of these services, they were offered on a limited basis. 

Dental services for adults were limited to an annual cleaning and extractions linked to certain medical conditions. Adult fillings were not covered. The expansion allowed coverage for fillings, dentures, implants, root canals, extractions, restorations, periodontics and an additional cleaning each year.

Also, under the old rules, a Medicaid enrollee could be evaluated for hearing loss only on referral from their primary-care doctor; and glasses and contact lenses were not covered, though exams were. Some managed-care firms offered some of these services as an incentive to get people to enroll with them.

Asked at his weekly news conference Thursday if there is a way to maintain the benefits, Beshear said, "I believe a new regulation will allow for the continuation of vision, dental and hearing benefits. The expansion of those benefits, the funding coming from the federal government is an executive branch function. But even at the hearing, I believe . . .  one of the legislators said it looks like you'll need a new regulation."

SB 65 requires any new regulation to be substantially different from the original. If Beshear vetoes the bill, the legislature could easily override the veto.

Beshear called the need for dental, vision and hearing benefits for people on Medicaid a "no-brainer" because "This is what gets people back to work." He elaborated:

"There's a study that talks about over 100 million work hours lost due to dental, emergency dental procedures that if you have coverage you avoid. Now there are studies out there about the number of people that can't go to work because we don't cover getting them a pair of glasses. And then think about safety on the job site. You know a ton of Americans . . . suffer from hearing loss. And to be able to get to the job and to do it correctly, you need to have that type of coverage. Again, if we care about the workforce, right, let's take the basic steps to get more people healthy [and] back to work." 

Access to providers

West also argued that health-care providers tell lawmakers that even if these services are permitted in Medicaid, the program's reimbursements are so low that it will be hard for the patients to find providers. 

That said, the health cabinet says thousands of Kentuckians on Medicaid have already taken advantage of these services since they became available Jan. 1.

"As of Feb. 22, more than 8,000 Kentuckians – across all 120 counties – have already received dental, vision, and hearing services they need under these regulations," the cabinet said. "More than 1,000 Kentuckians received nearly 3,330 dental services under these regulations – in all 120 Kentucky counties – including from a dentist in Clay County who since Jan. 1, 2023, had provided four sets of dentures for patients and has 44 more sets of dentures in progress."

Clay County is the home of Senate President Robert Stivers, R-Manchester.

The cabinet added, "Nearly 7,000 Kentuckians have received vision services under these regulations, with nearly 43,000 services provided. And 40 Kentuckians have received hearing services with these regulations in place. . . . Providers have received over $1 million in reimbursement for the services."

Health advocates push back 

Health advocates were disappointed in the bill's passage and called for legislators to reinstate thes services. 

"The genesis of this unfortunate piece of legislation is a raw partisan battle between the General Assembly and the governor," said Terry Brooks, executive director of Kentucky Youth Advocates. "Both branches of our government should be holding each other accountable when one thinks the other overstepped its bounds. Yet, there should also be no doubt that neither providers nor Kentucky families should pay the price for a political food fight. SB 65 has providers left holding the bag with more Kentuckians losing dental benefits than the total population of Alaska. It's as unwise as it is unfair." 

In a statement about the passage of SB 65, the Oral Health Coalition cited the great need for comprehensive dental services in Kentucky, noting that the state ranks among the bottom five states on several oral-health indicators and has more seniors with no natural teeth than any other state. 

"While it was a worthy debate about the process to expand services, the reality now is that 900,000 low-income, disabled, and other vulnerable Kentucky adults must once again go without critical dental care," the coalition said. "By no means is this expansion the answer to the growing oral health crisis in Kentucky, but it can offer a first step toward providing comprehensive dental care for Kentuckians. The Department for Medicaid Services and the General Assembly must reach an agreement in the immediate aftermath of the legislative session so our Commonwealth can be back on track to providing folks with the health care they need to be healthy, work, and thrive." 

Emily Beauregard, executive director of Kentucky Voices for Health, an advocacy group, told Kentucky Health News in an e-mail, "Regardless of the politics, it's clear that Kentuckians don't have enough access to the dental, vision, and hearing care they need to be healthy. We've made progress in recognizing that mental health is health and we need to do the same for our mouths, eyes, and ears."  

She added, "Whether it's through regulation or legislation, we need policymakers to increase access to these services to improve population health and build a stronger workforce," she added. With the passage of SB 65, "I hope legislators will take action to increase services through legislation instead."

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Opinon: Gender dysphoria may have a basis in human biology

By Kimberly Kennedy

Most of us witnessed with horror the passage of anti-transgender bill SB150 by legislators who ignored overwhelming opposition. Since Gov. Andy Beshear is expected to veto it, our only recourse is to convince legislators not to override that veto.

If you’re dubious, hear me out: We’ve left critical information out of the conversation, namely the growing evidence that gender dysphoria (GD) has a basis in biology. Skeptical that would work? Well, research shows that when people understand this, their support for trans people increases.

Kimberly Kennedy

Many in the trans community bristle at the idea of discussing GD as if it were a defect. But I believe we can be sensitive; and I take inspiration from researcher Dr. J. Graham Theisen of Augusta University, who describes it as a “variant,” like blue eyes or brown hair, that doesn’t cause disease but makes us individuals.

Plus, we must meet the opposition where they are, if we hope to bridge the gap. I’ve heard awful comments about trans people; but I look for common threads, like the belief it’s a choice or lifestyle, or that it ignores what God intended. Evidence of a biological basis discounts these arguments and might persuade more legislators to push the pause button on anti-trans legislation.

So here’s a sample: First, research has confirmed that male and female brains are different. Second, during fetal development, hormones influence the gender of the external and internal sex organs during the first trimester; hormones program gender development in the brain, where gender identity is experienced, later in the pregnancy.

Research in the Netherlands from 2014 found that in some cases, physical development in utero was subject to a hormonal mismatch from brain development, “so that the body was masculinized and the brain was feminized, or the other way around.” This corresponds with transgender people’s reported experience of their gender identity, which occurs before age seven for three-fourths of the population.

In 2018, an Australian study comparing transgender women and cisgender men (both born male) found statistically different variations in four genes. In 2020, a U.S. and a U.K. meta-analysis (compilation of multiple studies) found that “people with gender dysphoria have a brain structure more comparable to the gender to which they identify” rather than to the sex assigned at birth. Yet a 2020 German study found that the brain structure of trans women was different from both cisgender males and females. In view of this, researchers suggest that we view gender as a “spectrum” rather than a binary construct.

Theisen clarifies that “once someone has a male or female brain, they have it and you are not going to change it. The goal of treatments like hormone therapy and surgery is to help their body more closely match where their brain already is.”

Proof of transgender biology indicates that SB 150 will invite a civil-rights lawsuit. Thus Kentucky taxpayers will pay to defend legislation that 71% of Kentuckians don’t want — potentially costing hundreds of thousands or even millions of dollars; just ask Floridians about the price tag for defending controversial legislation.

Contact all legislators who voted "yes" in the House and Senate. Write to your own representative or senator, or call the Legislative Research Commission comment line at 1-800-372-7181. We have until Tuesday, March 28, to make a difference for our families and friends.

Kimberly Kennedy of Villa Hills in Kenton County is a freelance writer, former educator and parenting-magazine editor, and parent of an LGBTQ+ young adult. Her degrees are a BFA in art education and a BA in art history from the University of Cincinnati. This article was originally published in Kentucky Forward.

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Seats available at Mar. 28 Recovery in the Workplace Conference

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New coronavirus cases dropped again last week in Kentucky, but state-recorded deaths from Covid-19 have another weekly jump

N.Y. Times map of new-case rates has Menifee County as a hot spot.

By Melissa Patrick
Ky. Health News

Last week, new coronavirus cases in Kentucky dropped 20 percent from the week before, but deaths from Covid-19 increased again. 

The state Department for Public Health attributed 66 more deaths to Covid-19 last week, up from 47 the week before and 13 the week before that. The state's pandemic death toll is now 18,243. 

The state reports there were 2,044 new cases of the coronavirus last week, or 292 cases per day. That's a drop from 2,572 the week before. 

The weekly new case rate was 6.17 cases per 100,000 people, down a bit from 6.39 the week before. The top 10 counties were Bath, 18.29 cases per 100,000; Rockcastle, 16.26; Lyon, 13.92; Powell, 13.87; Hopkins, 11.83; Webster, 11.04; Mason, 10.04; Wolfe, 9.98; Hardin, 9.91; and Fleming, 9.8.

The New York Times ranks Kentucky's case rate 12th among the states, with a 41% drop in cases in the last two weeks.

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