- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- Ambiguous
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Hate Crime Protections
- ✖ Sexual orientation only
- Discrimination
- Varies by Region
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- Varies by Region
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Kentucky is legal.
Current status
Since Sep 24, 1992
Legal
In 1992, the Kentucky Supreme Court made a ruling on Commonwealth v. Wasson which found that the state's sodomy law violated equal protection and the right to privacy in section 2 of the Kentucky Constitution.
Illegal (imprisonment as punishment)
Kentucky Revised Statutes were revised in 1974 to criminalize non-procreative sexual acts only between people of the same sex. A conviction could have led to up to 12 months in prison and a fine of up to $500.
1798–1974
Illegal (imprisonment as punishment)
Punishment for violating the sodomy statute ranged from two (2) to five (5) years in prison
1792–1798
Illegal (death penalty as punishment)
Upon admission to the Union, Kentucky received its sodomy statutes from the Commonwealth of Virginia whose sodomy laws attacked any non-procreative sexual act (even between men and women). Those found guilty potentially faced execution.
Right to change legal gender in Kentucky is legal, but requires surgery.
Current status
Since Jul 13, 1990
Legal, but requires surgery
KRS 213.121 states that an individual may have their birth certificate amended with proof from a licensed physician that their gender has been changed by a surgical procedure and court order of name change.
In 2024, the Kentucky Transportation Cabinet released guidance for changing gender markers on state IDs which states that you may provide proof of a gender change by providing either a court order, amended birth certificate, or a letter from a surgeon.
In 2024, the Kentucky Transportation Cabinet released guidance for changing gender markers on state IDs which states that you may provide proof of a gender change by providing either a court order, amended birth certificate, or a letter from a surgeon.
Gender-affirming care in Kentucky is ambiguous.
Current status
Since Mar 27, 2025
Ambiguous
SB 2 bans transgender individuals from receiving gender-affirming care while incarcerated.
SB 150 passed in 2023 bans minors under 18 from accessing gender-affirming care and targets doctors who attempt to provide GAC to minors under 18.
HB 495 bans KY Medicaid from covering gender-affirming care to any transgender individuals however, it is unclear if this is actually being enforced after Governor Andy Beshear stated that he cannot implement the policies stated in HB 495 due to no specific fiscal appropriations provided.
SB 150 passed in 2023 bans minors under 18 from accessing gender-affirming care and targets doctors who attempt to provide GAC to minors under 18.
HB 495 bans KY Medicaid from covering gender-affirming care to any transgender individuals however, it is unclear if this is actually being enforced after Governor Andy Beshear stated that he cannot implement the policies stated in HB 495 due to no specific fiscal appropriations provided.
Legal, but banned for minors
Kentucky passed SB 150 in 2023 this bill includes minors relating to gender affirming care. Minors are defined in this bill to be under 18. SB 150 targets minors who are receiving gender affirming care and making it illegal for them to do gender affirming care. This bill also targets doctors who preform gender affirming care.
Legal recognition of non-binary gender in Kentucky is not legally recognized.
Current status
Not legally recognized
There is no legal gender recognition provided for nonbinary or intersex people in Kentucky.
Hate crime protections in Kentucky is sexual orientation only.
Current status
Since Jun 29, 2017
Sexual orientation only
KRS 532.031 provides hate crime protections for race, color, religion, sexual orientation, or national origin.
LGBT discrimination in Kentucky is varies by region.
Current status
Since Jan 26, 1999
Varies by Region
LGBTQ Fairness Ordinances protect individuals from discrimination on the basis of sexual orientation and gender identity in employment, housing, and public accommodations.
Kentucky communities with LGBTQ Fairness Ordinances include Louisville (1999), Lexington (1999), Covington (2003), Vicco (2013), Frankfort (2013), Morehead (2013), Danville (2014), Midway (2015), Paducah (2018), Maysville (2018), Henderson (2019), Dayton (2019), Georgetown (2019), Versailles (2019), Bellevue (2019), Highland Heights (2019), Fort Thomas (2020), Woodford County (2020), Cold Spring (2020), Newport (2020), Crescent Springs (2021), Augusta (2021), Fort Mitchell (2021), and Elsmere (2022).
Two additional communities have approved partial Fairness Ordinances: Ashland (housing protections) and Cynthiana (housing and public accommodations protections).
Kentucky communities with LGBTQ Fairness Ordinances include Louisville (1999), Lexington (1999), Covington (2003), Vicco (2013), Frankfort (2013), Morehead (2013), Danville (2014), Midway (2015), Paducah (2018), Maysville (2018), Henderson (2019), Dayton (2019), Georgetown (2019), Versailles (2019), Bellevue (2019), Highland Heights (2019), Fort Thomas (2020), Woodford County (2020), Cold Spring (2020), Newport (2020), Crescent Springs (2021), Augusta (2021), Fort Mitchell (2021), and Elsmere (2022).
Two additional communities have approved partial Fairness Ordinances: Ashland (housing protections) and Cynthiana (housing and public accommodations protections).
Until Jan 26, 1999
No protections
Until 1999, there was no protections for LGBTQ individuals from discrimination on the basis of sexual orientation and gender identity in employment, housing, and public accommodations. That changed on January 26th, 1999 when Louisville became the first city in Kentucky to pass the LGBTQ Fairness Ordinance.
LGBT employment discrimination in Kentucky is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. No private sector, statewide protections exist.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels. No private sector, statewide protections exist.
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). No private sector, statewide protections exist.
Until Apr 19, 2012
No protections
Before the 2012 EEOC ruling, no statewide or federal protections existed for LGBT people in employment. Democratic governor Paul Patton signed an executive order in 2003 banning discrimination on the basis of gender identity or sexual orientation. Republican Paul Patton rescinded this 3 years later in 2006, and Democrat Paul Beshear reinstated it in 2008.
LGBT housing discrimination in Kentucky is varies by region.
Current status
Since Jan 26, 1999
Varies by Region
On the federal level, individuals are protected from housing discrimination on the basis of sexual orientation in HUD housing programs, shelters and other HUD-funded providers.
On the state level, 26 communities in Kentucky protect individuals from housing discrimination on the basis of sexual orientation and gender identity under LGBTQ Fairness Ordinances.
Individuals may also report housing discrimination to the Kentucky Commission on Human Rights.
On the state level, 26 communities in Kentucky protect individuals from housing discrimination on the basis of sexual orientation and gender identity under LGBTQ Fairness Ordinances.
Individuals may also report housing discrimination to the Kentucky Commission on Human Rights.
Same-sex adoption in Kentucky is legal.
Current status
Since Sep 12, 2008
Legal
Under federal law since 2015.
Single adoption, joint adoption for married couples and second parent adoption for married couples are all allowed for LGBT people.
In Kentucky, businesses can discriminate against LGBT people on the basis of religion. While it is unclear if this also applies to adoption agencies, such a case has been brought up in court and ended up with the judge resigning.
Single adoption, joint adoption for married couples and second parent adoption for married couples are all allowed for LGBT people.
In Kentucky, businesses can discriminate against LGBT people on the basis of religion. While it is unclear if this also applies to adoption agencies, such a case has been brought up in court and ended up with the judge resigning.
Until Sep 12, 2008
Single only
Kentucky law permits married (heterosexual) couples and single people to adopt. KY Revised Statutes §199.470.
Second-parent adoption had been permitted, but is not now considered unlawful following the appellate court ruling in S.J.L.S. v. T.L.S., 265 S.W.3.d 804 (Ky. App. 2008).
Second-parent adoption had been permitted, but is not now considered unlawful following the appellate court ruling in S.J.L.S. v. T.L.S., 265 S.W.3.d 804 (Ky. App. 2008).
Intersex infant surgery in Kentucky is not banned.
Current status
Not banned
Kentucky's GAC for minors ban specifically allows for intersex infant surgery.
Serving openly in military in Kentucky is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since May 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Midday on May 6th, 2025, the Supreme Court issued an order allowing the Trump administration to enforce its ban on transgender service members while the court reviews their case.
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Legal under federal United States law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Kentucky is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Kentucky is not banned.
Current status
Since Mar 27, 2025
Not banned
HB 495 legalizes and protects conversion therapy for minors.
All restrictions on conversion therapy including executive orders and ordinances have been banned until January 1, 2028.
All restrictions on conversion therapy including executive orders and ordinances have been banned until January 1, 2028.
Banned
In 2024, Kentucky Governor Andy Beshear banned conversion therapy on minors via executive order after the Republican control led state legislature repeatedly blocked efforts to enact a state law banning the practice. Beshear said he would no longer wait for others to “do what’s right.”
Until Sep 18, 2024
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
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#40 Florida63
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#41 Indiana63
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#42 Georgia63
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#43 Kentucky60
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#44 Texas60
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#45 Idaho59
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#46 Oklahoma59
#150
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