- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- Unknown
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Homosexual activity in Kentucky is legal.
Current status
Since Sep 24, 1992
Legal
Sodomy law remains in the Kentucky statutes but is not enforceable due to the United States Supreme Court's ruling in Lawrence v. Texas (2003)
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 it's 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.
Same-sex marriage in Kentucky is legal.
Current status
Since Jun 26, 2015
Legal
The US Supreme Court rules that same-sex marriage is legal nationwide.
Censorship of LGBT issues in Kentucky is no censorship.
Current status
No censorship
There are no laws censoring LGBT topics in Kentucky.
Right to change legal gender in Kentucky is legal, but requires surgery.
Current status
Since 2005
Legal, but requires surgery
Sex-reassignment surgery is required to change legal documents in Kentucky.
Gender-affirming care in Kentucky is legal, but banned for minors.
Current status
Since Jan 1, 2023
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
Not currently recognized.
LGBT discrimination in Kentucky is illegal in some contexts.
Current status
Since 1792
Illegal in some contexts
The Commonwealth of Kentucky does not have statewide LGBT fairness protections. Currently only six cities have LGBT protections: Louisville, Lexington, Covington, Vicco, Frankfort, and Morehead. Governor Steve Beshear, by Executive Order, prohibited discrimination
Jan 1, 1792–Sep 1, 2018
Illegal in some contexts
Only in State Employment Only. Full employment state discrimination protections pending. Full state housing discrimination protections pending. Full state Public accommodation discrimination protections pending. Full discrimination protection under Federal law VII ruled under state law which includes gender identity. Full discrimination protection in 2 counties and 8 cities.
LGBT employment discrimination in Kentucky is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally by a Supreme Court ruling.
Until Jun 15, 2020
No protections
In the absence of a Statewide Fairness law, employment, housing, and public accommodations discrimination is still legal against LGBT people. However, public employees of the state are protected based on both sexual orientation as well as gender identities.
LGBT housing discrimination in Kentucky is no protections.
Current status
No protections
In the absence of a Statewide Fairness law, employment, housing, and public accommodations discrimination is still legal against LGBT people. In a progressive move, the Kentucky Housing Corporation announced a statewide policy change in 2013 to mirror HUD's adoption of LGBT discrimination protections in federally-supported housing.
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 unknown.
Current status
Unknown
Serving openly in military in Kentucky is legal.
Current status
Since Jan 25, 2020
Legal
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
Lesbians, gays, bisexuals permitted, transgender people banned
Former President Trump said in a slew of tweets in 2017, that he would ban transgender people from serving in the military. He then talked with the Chiefs of Staff, making it full ban for transgender people. Policy stated, if transgender people were in the military already, they could serve under a gender dysphoria diagnoses.
Legal
In 2011, Don't Ask Don't Tell was repelled under the Obama Administration 6 years later a new executive order was introduced. Former President Obama allowed members dishonorably discharged under DADT, to receive a honorable discharge.
Blood donations by MSMs in Kentucky is legal.
Current status
Since May 11, 2023
Legal
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)
Blood donation centers follow the new FDA 3-month deferral guidance.
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Equal age of consent in Kentucky is equal.
Current status
Since Jan 1, 1975
Equal
The Age of consent in Kentucky is 16 years old.
United States Equality Rank
#150
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