Heather Gatnarek

Heather Gatnarek

Senior Staff Attorney

she, her, hers

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Amendment 1 is well-intentioned, but very misguided. The measure passed out of the House and Senate in the 2020 General Assembly and is now in the hands of Kentucky voters.

Marsy's Law unnecessarily complicates the criminal justice process, threatens to increase prison populations, interferes with due process, and will clog our justice system.

Marsy's Law is an empty promise.

We agree with supporters of Marsy's Law that the current system can fail victims, but Marsy’s Law doesn’t do anything to actually help them. Legislators should take a look at the existing Victims’ Bill of Rights and strengthen protections for victims, which could also include creating a way for victims to hold the system accountable if their rights aren’t respected. The vague and inconsistent language in SB15 doesn’t have any mechanisms to make sure victims can actually exercise the new "rights" outlined in the proposal.

Marsy's Law is vague and confusing.

The vague language in Marsy's Law opens the door to really inconsistent and problematic interpretations that we’ve seen in other states that passed their own versions Marsy's Law, including places like Florida and North and South Dakota. In one such instance, police officers were able to claim victim status and withold information from the public.

Marsy's Law turns due process on its head.

The principle of "innocent until proven guilty" is at the core of our justice system. Marsy’s Law designates one party a victim, meaning the court is presuming the other party to have committed a crime.

Vote NO on Amendment 1. 

Related Content

News & Commentary
Oct 12, 2020
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Vote No on Amendment 1: Marsy's Law Is Bad For Victims And Wrong For Kentucky

It’s not often that you see an ACLU attorney, a Republican senator, a commonwealth attorney and members of the tea party agreeing on something. This may be a first in Kentucky history, but we all agree that Marsy’s Law is bad for victims and wrong for Kentucky.
Press Release
Feb 25, 2020
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ACLU-KY Statement on the Senate Passage of SB15, Marsy's Law

Statement from ACLU-KY staff attorney Heather Gatnarek regarding the Senate’s passage of Marsy’s Law.
Issue Areas: Justice Reform
News & Commentary
Mar 19, 2020
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ACLU-KY Written Testimony to Lawmakers Regarding Justice Reform Bill and Marsy's Law

We shared written testimony with lawmakers due to limited Capitol access and public health recommendations to avoid large gatherings as a result of COVID-19.
Press Release
Apr 28, 2022
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  • Incarceration|
  • +2 Issues

Kentucky Association of Criminal Defense Lawyers Found to Lack Standing to Challenge Marsy's Law

The Kentucky Supreme Court dismissed a challenge to Marsy's Law because the challengers lacked standing. They did not rule on the merits. Marsy's won't support crime victims, but will harm due process, clog the courts, and waste tax dollars.