A nonprofit publication of the Kentucky Center for Public Service Journalism

Marcy’s Law, establishing a crime victims’ bill of rights, goes back on the ballot in November


By Tom Latek
Kentucky Today

A proposed Constitutional Amendment that would establish a crime victims’ bill of rights will have another opportunity to go before Kentucky voters in November.


The bill, called Marsy’s Law, is named after a California murder victim whose mother was horrified to see her daughter’s accused killer in a grocery store a week after his arrest. Her brother, Henry Nicholson, has since crusaded to have the protections enacted by state legislatures nationwide.

Marsy’s Law got approval to be put on November ballot.

Similar legislation was approved by Kentucky lawmakers in 2018 and won overwhelming approval by voters. However, the Kentucky Supreme Court unanimously threw out the results, saying the form of the amendment that was published and submitted to the electorate for a vote was not the full text, and was instead a question. So the proposed amendment was voided.

This year, the amendment won final passage in the House on Tuesday 74-15, and separate enabling legislation was adopted 81-8, which would take effect if the proposed amendment is approved by voters.

Sen. Whitney Westerfield, R-Crofton, who sponsored the legislation, as he did two years ago, was pleased by the House vote, which he says will support tens of thousands of crime victims.

“This fall, Kentucky voters will again have an opportunity at the ballot box to guarantee vital Constitutional protection to individuals and families who currently face an alarming imbalance in our justice system,” he said.  “I am confident that Kentuckians will overwhelmingly support Marsy’s Law once again, and that Kentucky crime victims will finally be granted the equal standing they deserve.”


The American Civil Liberties Union (ACLU) of Kentucky released a statement in opposition to the passage, saying while they firmly believe crime victims deserve justice, “We oppose this effort to change Kentucky’s Constitution to include these supposed victims’ rights. The Marsy’s Law campaign is a national effort, backed by millions of out-of-state dollars, that seeks a specific list of changes to state constitutions that undermine a bedrock principle of our legal system: the presumption of innocence.

“Marsy’s Law uses inconsistent and confusing language that would create significant unintended consequences. We know this because other states that have implemented Marsy’s Law have faced many challenges, including a lack of transparency in the justice system; unlikely groups, like police departments, claiming victim status; and astronomical implementation costs.”


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