Attorney General Marshall Joins National Push to Reinstate Death Penalty for Child Rape

October 2, 2025 - MONTGOMERY, AL - Alabama Attorney General Steve Marshall has joined a coalition of 20 attorneys general urging the U.S. Supreme Court to reconsider its 2008 ruling in Kennedy v. Louisiana, which barred states from imposing the death penalty for child rape. The coalition argues that the decision stripped states of a critical tool to punish and deter the most egregious sexual crimes against children.

In a multi-state letter submitted to the Court, the attorneys general assert that states now have both the authority and the responsibility to craft capital punishment statutes that meet constitutional standards and reflect the gravity of child rape. The letter contends that the Kennedy ruling misinterpreted the Eighth Amendment and failed to account for the lifelong trauma inflicted on victims.

"Alabama has long been a leader in standing up for the rule of law and for the protection of children," said Attorney General Marshall. "I am proud to stand with President Trump and my fellow attorneys general in fighting for laws that reflect the seriousness of this evil and deliver justice for its victims."

Marshall emphasized Alabama's commitment to using every available legal tool to protect children and punish predators, stating, "We must use every tool at our disposal to protect children, deter predators, and impose just punishment. Alabama will not hesitate to do its part."

The coalition's letter argues that the Kennedy decision equated the lifelong trauma of child rape with lesser crimes, undermining the ability of states to protect their most vulnerable citizens. It also challenges the notion of a national consensus against capital punishment for child rape, pointing to recent legislative efforts in multiple states that authorize the death penalty for aggravated child sexual assault.

Since the Kennedy ruling, several states have enacted laws specifically designed to withstand judicial scrutiny by distinguishing their statutes from the one struck down in 2008. These efforts, the coalition claims, demonstrate a continued commitment to justice and a rejection of the idea that the death penalty is categorically inappropriate for crimes short of murder.

The attorneys general are calling on the Supreme Court to recognize that the death penalty can be a constitutionally valid punishment for child rape, just as it is for homicide, and to restore state authority in determining appropriate penalties for the most heinous crimes.