KY Supreme Court strikes down Marsy’s Law

FRANKFORT, Ky. (WTVQ) – The Kentucky Supreme Court has ruled against Marsy’s Law, a constitutional amendment expanding the rights of crime victims.

Voters in Kentucky overwhelmingly approved Marsy’s Law last year.

The ballot question they voted on read: “Are you in favor of providing constitutional rights to the victims of crime, including the right to be treated fairly, with dignity and respect, and the right to be informed and have a voice in the judicial process?”

In October 2018, a Kentucky judge ruled that the ballot question was not accurately worded and ordered officials not to certify the results from the election.

On Thursday, the Kentucky Supreme Court upheld that decision, saying the language on the ballot was too vague and that the full text of the amendment should have been presented to voters.

David Ward, with the Kentucky Association of Criminal Defense Lawyers, filed the legal action against the proposed amendment.

“And what this amendment is, is it’s a cynical attempt by the legislature to make it look like they’re doing something for crime victims but what they’re doing is dodging the responsibility of funding victim services or holding accountable those who are responsible when they fail victims,” says Ward.

Marsy’s Law for Kentucky released a statement following the ruling by the Kentucky Supreme Court, saying: “We look forward to working with the General Assembly again to put Marsy’s Law back on the ballot for Kentucky voters in 2020 in a form that will pass legal muster as defined by the court. We are confident they will once again send a clear message of support for crime victims.”

Sexual assault/domestic violence victim, Layota Gordon, says she was disgusted when she heard the news.

“I actually felt re-victimized again. Our voices were not heard by our judicial system and this is the system that’s supposed to protect us, supposed to back us up,” says Gordon.