NASHVILLE, Tenn. — Tennessee voters this fall are deciding whether to rewrite the part of the state constitution that spells out what rights crime victims have in court.
Amendment 3, a version of the measure known nationally as Marsy’s Law, was referred to the Nov. 3 ballot by the General Assembly. A yes vote adds it to the constitution; a no vote leaves the current language in place.
Tennessee already lists victims’ rights in Article I, Section 35, which voters added in 1998. That section guarantees, among other things, freedom from harassment and intimidation, the chance to attend proceedings when the defendant may attend, and notice when an accused or convicted person is released, transferred or escapes. Supporters say the current list has eight rights; the amendment would bring it to 13.
Amendment 3 would strike Section 35 and replace it with a longer list. It keeps the existing protections and adds rights such as being heard at any proceeding that involves release, a plea, sentencing or parole, receiving reasonable advance word of every public criminal hearing, and requiring parole boards to weigh the safety of victims, their relatives and the wider public before deciding.
Families of crime victims backing the change say navigating a case is long and confusing and that victims need to know their rights and be able to enforce them. The ACLU of Tennessee opposes it, arguing the constitution already protects victims and that this expansion could undercut due process and the presumption of innocence.
The measure is named for Marsalee Nicholas, known as Marsy, who was killed by her ex-boyfriend in 1983. Her family later ran into him at a grocery store without knowing he had been released on bail. California voters approved the first Marsy’s Law in 2008, and by 2025, 14 states had passed a version at the ballot box, including Georgia and North Carolina in 2018. Courts struck down the measures in Pennsylvania, Kentucky and Montana, though Kentucky voters approved a new version in 2020.
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