FRANKFORT,Ky - Kentucky’s highest court has ruled against the wording of a referendum changing the state constitution to create a victim’s bill of rights.
The referendum known as Marsy’s Law appeared on the November ballot, passing with 63 percent of the vote, but the Kentucky Supreme Court upheld a lower court’s decision that the ballot question was not worded correctly to inform voters what they are voting on.
The Kentucky Association of Criminal Defense Lawyers filed the lawsuit seeking to knock the question off the November ballot—they said the wording of the questions didn’t accurately portray what the amendment would do.
This was how the question was worded on the ballot.
“Are you in favor of providing constitutional rights to victims of crime, including the right to be treated fairly, with dignity and respect, and the right to be informed and to have a voice in the judicial process?”
In the opinion, Chief Justice John Minton said to be upheld, the full text of the amendment needed to be on the ballot.
“Because the form of the amendment that was published and submitted to the electorate for a vote in this case was not the full text, and was instead a question, the proposed amendment is void,” the opinion read. ” Therefore, we affirm the judgment of the Franklin Circuit Court.”
Sen. Whitney Westerfield, R-Hopkinsville, the sponsor of Senate Bill 3, the legislation which added the amendment to the ballot, expressed his disappointment Thursday.
“Kentucky voters spoke loud and clear in support of crime victims on Election Day in 2018. Like the majority of Kentuckians, I believe that crime victims deserve to be afforded the respect, justice, and equal rights that Marsy’s Law would provide," he said in a statement. "It is troubling that in order to reach this conclusion the Supreme Court reversed years of established precedent and inserted an entirely new requirement for amending our state constitution. I hope the General Assembly will take up Marsy’s Law again and give Kentucky voters another opportunity to voice their support for crime victims in 2020.”
Marsy's Law for Kentucky also expressed their disappointment in the ruling and vowed to have the question on the ballot in 2020.
"The court's unfortunate and disappointing decision--which blatantly ignored the will of the people and establishes new legal precedent regarding how constitutional amendments are presented--has changed the rules mid-game, creating new requirement for printing the entire amendment on the ballot," a statement reads. "This is not the end of the line for Marsy's Law, but merely a fork in the road. For we are now more than ever committed to delivering crime victims the equal rights they are owed. 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 from that will pass legal muster as defined by the courts."
The Kentucky Association of Criminal Defense Lawyers is celebrating their victory.
"We are pleased with the Kentucky Supreme Court’s unanimous decision confirming that the language of the Kentucky Constitution has meaning and must be complied with when anyone seeks to change our foundational law. Our position has been clear throughout this process. We told the legislature through our testimony even prior to passage, that the question crafted and submitted to voters failed entirely to tell our citizens the fundamental changes to our justice system that would result from this amendment," a statement reads. "The Court’s decision makes clear that Kentuckians must be fully informed before our Constitution can be changed."
The decision was unanimous.