Cecily Zamora
On November 6, 2018, Kentuckians voted on whether to amend their state constitution to include Marsy's Law, a set of constitutional protections for crime victims that has been proposed and adopted in several states. The ballot measure, which was the result of a massive lobbying operation funded from outside the state, was approved by a majority of voters. However, a lower court blocked votes on the amendment, and the Kentucky Supreme Court upheld the ruling in June 2019, meaning the Marsy's Law amendment was not enacted. In 2020, Marsy's Law was presented to voters in its entirety, and it passed in Kentucky. This law seeks to give crime victims meaningful and enforceable constitutional rights equal to the rights of the accused. While some see it as a well-intentioned but unneeded constitutional amendment, others argue that it is necessary to protect the rights of crime victims in the state. So, is Lexington's constitutional amendment the same as Marsy's Law?
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What You'll Learn
Kentucky Marsy's Law Crime Victims Rights Amendment
The Kentucky Marsy's Law Crime Victims Rights Amendment, also known as Kentucky Constitutional Amendment 1, was on the ballot in Kentucky as a legislatively referred constitutional amendment on November 6, 2018. The amendment sought to establish a set of constitutional protections for crime victims, including the right to be notified about and present at proceedings, the right to be heard at proceedings involving the accused, and the right to have their safety considered when making bail or release decisions.
Although a majority of voters approved the amendment, it was never enacted due to legal challenges. The Kentucky Association of Criminal Defense Lawyers filed litigation against the state, arguing that the ballot question failed to adequately inform voters of the substance of the amendment. On June 13, 2019, the Kentucky Supreme Court upheld the lower court's ruling, stating that the full text of the proposed amendment should have been submitted to voters, rather than a brief question.
In 2020, voters in Kentucky approved Marsy's Law for a second time, with the new ballot measure including the complete text of the amendment. This followed a 2019 Kentucky Supreme Court ruling requiring the full text of amendments to be presented on the ballot. However, some critics argued that the amendment was well-intentioned but could have unintended consequences, such as compromising a prosecutor's ability to fulfil their obligations and creating an unfair balance between the rights of victims and the accused.
Marsy's Law is named after Marsy Nicholas, who was murdered by her ex-boyfriend in 1983. A week later, Marsy's brother Henry Nicholas and their mother encountered her ex-boyfriend at a grocery store after he was released on bail. Henry founded Marsy's Law for All, a national organization advocating for similar amendments to be adopted in other states. As of 2025, 12 states had adopted Marsy's Law, although it has faced legal challenges and been overturned in some states, including Kentucky, Montana, and Pennsylvania.
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The ballot question
The law was first passed in California in 2008, and it has since been passed in 12 states. The law has been opposed in some states, such as Kentucky, where the state Supreme Court struck down the law in 2020, saying that the ballot wording was too vague. The Kentucky Association of Criminal Defense Lawyers also filed litigation against the state, arguing that the ballot question did not "inform the electorate of the substance of the amendment".
Despite this, in 2020, Kentucky voters approved a second Marsy's Law, which was on the ballot as a legislatively referred constitutional amendment. The law has also faced opposition in Pennsylvania, where the state Supreme Court upheld a lower court's ruling that the ballot measure violated the separate-vote requirement for constitutional amendments.
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The role of the prosecutor
The role of a prosecutor is to find the truth and only proceed with a prosecution if there is adequate evidence for a conviction. In the context of Marsy's Law, there are concerns that the law might compromise a prosecutor's ability to fulfil this obligation.
Marsy's Law, also known as the California Victims' Bill of Rights Act of 2008, is a set of constitutional protections for crime victims that have been proposed and adopted in some states. The law seeks to provide crime victims with an equal voice and enforceable constitutional rights, such as the right to be treated with dignity and respect, to be notified of their rights as a victim, and to be present and heard during specific public proceedings.
While Marsy's Law aims to protect the rights of crime victims, there are concerns about its potential impact on the role of prosecutors. One concern is that the law may be used by prosecutors to withhold exculpatory evidence, which could lead to the conviction of innocent people. Additionally, the law expands the definition of a victim and the range of crimes subject to victims' rights, potentially increasing the workload of prosecutors and impacting their ability to notify victims in a timely manner.
Prosecutors also have a role in appealing the restitution decisions of trial courts on behalf of victims under Marsy's Law. This has led to concerns about the punitive nature of restitution for defendants and the impact on their financial health and ability to re-enter society after serving their sentences.
Overall, while Marsy's Law seeks to strengthen the rights of crime victims, it is important to consider the potential implications for the role and obligations of prosecutors in the criminal justice system.
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The impact of Marsy's Law on the existing constitution
Marsy's Law is a set of constitutional protections for crime victims that have been proposed and adopted in some states in the US. The law seeks to give crime victims meaningful and enforceable constitutional rights equal to the rights of the accused. The law was proposed after a woman was killed by her former boyfriend, who was released on bail and proceeded to confront her family in a supermarket.
In 2018, voters in Kentucky approved the Marsy's Law Crime Victims Rights Amendment, but a circuit court judge blocked votes on the amendment, and the Kentucky Supreme Court upheld the lower court's ruling, meaning the amendment was not enacted. The court's decision was based on the ballot question failing to "inform the electorate of the substance of the amendment". The ballot question was written by the state legislature, and the court's ruling stated that it did not provide enough information about the complexity and radical departure from current law that the proposed amendment would entail.
In 2020, Marsy's Law was once again on the ballot in Kentucky, this time with the full text of the amendment included. The amendment passed, creating constitutional rights for crime victims in the state. However, some have expressed concerns about the potential impact of Marsy's Law on the existing constitution. Critics argue that amending the Constitution in this way could create unintended consequences that undermine the justice system. For example, it could compromise a prosecutor's ability to find the truth and only proceed with a prosecution if there is adequate evidence for a conviction.
Additionally, some worry that the constitutional measure could impact a defendant's rights, as the Kentucky Constitution already sets forth certain general values and principles, including basic rights afforded to those accused by the state. Supporters of Marsy's Law counter that it is necessary because state courts sometimes don't take crime victims' concerns into account and move cases along without communicating with those most seriously hurt by a crime.
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The future of Marsy's Law in Kentucky
Marsy's Law, which aims to give victims of crime constitutional rights equal to those of the accused, has had a complex history in Kentucky. In 2018, a majority of voters approved the amendment, but a lower court blocked the votes from being certified, arguing that the ballot question did not adequately inform voters of the substance and complexity of the amendment. The Kentucky Supreme Court unanimously upheld this ruling in 2019, rendering the Marsy's Law amendment invalid.
However, in 2020, Marsy's Law was once again on the ballot in Kentucky, this time with the full text of the amendment included. The law passed, with voters sending a powerful message that victims of crime in the state deserve support and protection under the constitution.
Despite this show of support from Kentucky voters, there are concerns about the potential impact of Marsy's Law on defendants' rights and the justice system as a whole. Some argue that the law could undermine the prosecutor's duty to find the truth and only proceed with prosecution if there is adequate evidence. There are also worries about the influence of outside lobbying operations, which have spent significant amounts of money on the effort to pass Marsy's Law in Kentucky.
Looking ahead, it remains to be seen how Marsy's Law will be implemented and what its full impact will be on the state's justice system. While it seeks to address a critical need to support victims of crime, there are also important considerations regarding the rights of the accused and the potential for unintended consequences. The future of Marsy's Law in Kentucky will likely continue to be a topic of debate and discussion as the state navigates the balance between victims' rights and existing legal frameworks.
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Frequently asked questions
Lexington's constitutional amendment, also known as Marsy's Law, is a proposal to give crime victims constitutional rights equal to those of the accused.
Marsy's Law is a set of constitutional protections for crime victims that has been proposed and adopted in some states. It seeks to give victims a voice in the criminal justice system.
Marsy's Law was founded by Henry Nicholas in 2009, after his sister Marsy was tragically killed by her ex-boyfriend.
Voters in Kentucky approved Marsy's Law in 2020, after an earlier attempt was struck down by the courts due to insufficient information on the ballot.
