Violence against Women in Kentucky: A History of U.S. and State Legislative Reform

5. The Structure and Strategy of Legislative Reform

135 5 the structure and strategy of legislative Reform legislation is never passed in a vacuum, but in a cultural context. regardless of the size of a party’s majority . . . certain things simply can’t be done without a cultural consensus. —Bill Wichterman, former chief of staff of U.S. Senate Majority leader (quoted in Gelak, 2008, p. 300) legislative reforms to address domestic violence and rape were born out of a belief among advocates, criminal justice professionals , and their allies that changes in the law would have a direct and dramatic impact on the lives of battered women and rape survivors. For many years, advocates had encountered punitive provisions in existing rape laws and a failure to enforce laws in domestic violence cases. Without this active grassroots advocacy, nothing would change for these battered women and rape survivors on whose behalf they worked. If the system were to improve, advocates had to make their presence known in state legislatures across the country and in the halls of Congress. no matter the importance of legislative reforms, they were not and are not achieved without sacrifice, hard work, argument, controversy , drama, emotion, and no small amount of guts. It also takes an astute strategy to overcome the resistance and tough challenges that will inevitably arise. This chapter turns from reflections on the history of legislative change and focuses on how to make legal, policy , and legislative reforms happen. The strategies presented here are not all-inclusive, nor do they adequately capture all the ingenuity brought to bear by reform advocates. legislative strategies 136 Violence against Women in KentucKy must adapt to the unique situation in each state: the contemporary makeup of its legislature, the existence of other major public policy issues occurring at the time reforms are sought, the legislative experience of the advocates and the professional criminal justice community, and the historical relationship between advocates and legislators. To provide a baseline of guidance for the next generation of reformers, this chapter begins with a discussion of the broad strategies of legislative reform that have been used in the domestic violence and anti-rape movements over the decades. The next section is more narrowly focused on what Kentucky advocates need to know, including the workings of the Kentucky General Assembly and specific tips and legislative tactics they can employ as they approach the doors of the Commonwealth’s capitol. This chapter and the ones that follow are written in a style perceptibly different from that of previous ones. Unlike earlier chapters, which took an analytical, thirdperson approach, beginning here, the book adopts a more colorful narrative consisting of firsthand accounts and actual stories of Kentucky advocates and their legislative partners. In addition, my perspective as an advocate will be more obvious to the reader. • • • Amanda Ross was born in October 1979 in a small county in eastern Kentucky , moving with her family to Lexington at the age of eight. Amanda graduated from high school in 1998 and in 2002 received a degree in business administration and finance from Boston University. Throughout her childhood and young adulthood, Amanda was famous for her good humor, charm, and wit and for having a laugh that could fill a room. She loved art and fashion, and she loved politics, an affection nurtured by growing up in a family where politics was a staple of conversation and activities. In September 2007 Amanda started dating a man named Steve Nunn, an ex-lawmaker from a well-known Kentucky political family. By March of the following year, Nunn moved into Amanda’s residence in Lexington, and plans to marry followed. By October, however, the relationship began to destruct. In February 2009 Amanda Ross broke up with her former fiancé, an act capping a relationship that had become increasingly violent and chaotic . Her act was brave, for she understood in a way that no one else did the harm this man could inflict. In the wake of the deteriorating relationship, Amanda accessed all the legal remedies available to her, including filing assault charges against Nunn and successfully seeking a domestic violence The Structure and Strategy of legislative reform 137 protective order against him. Amanda was not a timid woman, nor was she easily frightened, but she shared with those close to her that she feared Steve Nunn. She feared for her life. Nunn’s refusal to take responsibility for his violence, his alcohol consumption, and his violation...