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July 13, 2023

LOUISVILLE, Ky. – On behalf of the ACLU of Kentucky, the National ACLU, Black Lives Matter Louisville, and the Kentucky Equal Justice Center attorneys from the ACLU of Kentucky and the National ACLU’s Voting Rights Project filed an amicus brief asking the Kentucky Supreme Court to strike down House Bill 2 and Senate Bill 3, laws that redraw House of Representatives and Congressional district maps in Kentucky. 

The laws, passed during the 2022 legislative session, selectively apply redistricting principles to neutralize the voting power of one political party.  

The brief offers a detailed look at how HB 2 and SB 3 represent an extreme partisan gerrymander, violating some of the most fundamental rights guaranteed by the Kentucky Constitution. It also explains how HB 2 and SB 3 infringe upon Plaintiffs’ fundamental freedom of speech and deny Kentuckians the ability to associate effectively with one another and with their preferred parties and candidates.  

The legislation also burdens the fundamental right to vote, in violation of the principles of equal protection embodied in Sections 1, 2, and 3 of the Kentucky Constitution. Finally, this brief explains how HB2 and SB3 violate Section 2’s bar against arbitrary and absolute power. 

“Partisan gerrymandering has no place in a democratic system,” said Kevin Muench, legal fellow for the ACLU of Kentucky. “Meaningful political participation is at the core of protected speech.” 

Kentuckians’ right to vote is essential and demands strict scrutiny.  

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