How MSS was the Driving Force Behind Marsy’s Law For Kentucky

When a national advocacy organization dedicated to ensuring equal rights for crime victims targeted Kentucky, they turned to the state’s recognized leader in getting big issues across the finish line to get the job done right.

ISSUE

When someone becomes a victim in Kentucky they are suddenly thrust into a complicated and confusing criminal justice system that too often leaves them feeling further victimized and without a voice in the process. As one of only 15 states that did not provide constitutional protections for crime victims — while affording such rights to the accused and convicted — the very system in place was creating an unfair and uneven playing field for victims and their families. That’s why Marsy’s Law, a national victims’ rights advocacy organization, hired McCarthy Strategic Solution (MSS) to help correct this troubling imbalance of justice in the Commonwealth. But the task ahead was not easy. Amending Kentucky’s constitution to include these important new rights would require a multi-year effort to educate the Kentucky General Assembly and persuade Kentucky voters on its merit.

 

OPPOSITION

Amending the state’s constitution is not an easy task even when the goal is a noble one to ensure Kentucky crime victims the rights they deserve. Over the course of multiple legislative sessions, two separate election cycles, and a trip to Kentucky’s Supreme Court, MSS skillfully worked to educate lawmakers while also navigating vocal opposition from the fringes of both sides of the political spectrum. Opposition groups inserted misinformation, far-fetched hypotheticals, and even threw in a legal Hail Mary to defeat Marsy’s Law. 2020 of course brought even more complications, as traditional lobbying and public awareness practices were upended by the COVID-19 pandemic. But even in the face of a very vocal and unusual partnership leading the opposition, complicated battles before the state’s highest court, and an unexpected twist from a global pandemic, the MSS team was able to showcase their talent and expertise in delivering another successful outcome.

 

RESULT

MSS successfully coordinated a multi-year lobbying, advocacy and public awareness campaign that resulted in the formation of a strong and diverse coalition to drive both legislative and electoral victories for Marsy’s Law— twice! After securing overwhelming legislative and electoral approval in 2018, the state Supreme Court overturned the amendment on a technicality (requiring the entire text to appear on the ballot). In 2020, the MSS team again helped to secure decisive passage of Marsy’s Law by the General Assembly (31-6 in the Senate, and 74-15 in the House). And in the November 2020 general election, more than 1.1 million Kentucky voters (63.4%) approved the amendment — an even higher percentage than in 2018. Today, because of Marsy’s Law and the hard work from the MSS team, crime victims in all 120 counties across the Commonwealth will finally have the constitutional protections they deserve.