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.

The US Supreme Court rules that same-sex marriage is legal nationwide.

On March 29th 2023, SB 150 was passed in Kentucky which contains a ban on the education of gender identity or sexual orientation.

Kentucky's legal status was confirmed in an email sent by lawyer Todd Shipp of the KYTC Office of Legal Services.

KRS 213.121 states; "Upon receipt of a sworn statement by a licensed physician indicating that the gender of an individual born in the Commonwealth has been changed by surgical procedure and a certified copy of an order of a court of competent jurisdiction changing that individual's name, the certificate of birth of the individual shall be amended as prescribed by regulation to reflect the change." This law goes beyond birth certificates, "it establishes the Commonwealth's legally recognized mechanism for changing a person's recorded sex" according to Shipp.

KRS 186.412 "authorizes the Cabinet to issue credentials only after verifying information using reliable, legally operative source documents. The statute does not grant discretion to accept unverified personal assertions or non-governmental attestations." Shipp claimed the REAL ID Act reinforces KRS 186.412.

"Recognition of a change in sex for state-issued credentials is a legal determination, not a matter of personal declaration. Absent a court order, an amended birth certificate, a certified attested statement from a treating physician or other legally operative government document recognized under Kentucky law, the Cabinet lacks authority to recognize a change in sex for driver licensing or identification purposes." according to Shipp.

SB 2 prohibits transgender individuals from receiving gender-affirming care while incarcerated. This includes individuals who were receiving gender-affirming care prior to arrest.

SB 150 prohibits minors under 18 from receiving gender-affirming care and targets doctors who attempt to provide gender-affirming care to minors.

HB 495 prohibits KY Medicaid from covering gender-affirming care to transgender individuals, however; select KY Medicaid coverage plans may continue to offer limited gender-affirming care services thanks in part to Governor Beshear's lack of enforcement.

There is no legal gender recognition provided for nonbinary or intersex people in Kentucky.

KRS 532.031 provides hate crime protections for race, color, religion, sexual orientation, or national origin.

The Kentucky Civil Rights Act prohibits discrimination in employment, housing, and financial transactions on the basis of sex. (KCHR interprets sex to include sexual orientation and gender identity)

Restaurants, hotels, motels, and facilities directly or indirectly supported by government funds are prohibited from denying goods and services on the basis of sex.

Cities and counties have also passed fairness ordinances which explicitly protects individuals from discrimination in employment, housing, and public accommodations on the basis of sexual orientation and gender identity.

On June 15th, 2020, the Supreme Court of the United States ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, classified as sex discrimination.

The Kentucky Commission on Human Rights enforces the Kentucky Civil Rights Act.

The Kentucky Civil Rights Act prohibits housing discrimination on the basis of sex. (KCHR interprets sex to include sexual orientation and gender identity)

Cities and counties have also passed fairness ordinances which explicitly protects individuals from housing discrimination on the basis of sexual orientation and gender identity.

The Kentucky Supreme Court rules state law grants adoption to all couples regardless of marriage status. This decision legalized adoption for unmarried same-sex couples as well.

Kentucky's GAC for minors ban specifically allows for intersex infant surgery.

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.

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.

HB 495 legalizes and protects conversion therapy for minors on a state level.

All restrictions on conversion therapy under executive action has been banned until January 1, 2028.

Otherwise, conversion therapy ban ordinances passed on a local level were not affected.

Covington, Lexington-Fayette County, and Louisville-Jefferson County has banned conversion therapy for minors.

Age of consent is generally 16 years old however, the age of consent can be raised to 18 years old in certain circumstances.

Equal age of consent nationwide; however, the age of consent does vary in each state.