"Lesbian May Be Forced to Testify Against Wife" This ought to be interesting.

[dballance]

Where the Prop 8 Case failed to make sweeping changes this case could bring those changes about. This has the twist that the women involved have a legally recognized civil union from another state. KY has an amendment or law that refuses to recognize those from other states and forbids them in KY. To my untrained legal mind this is a lot more like Loving v Virginia that invalidated bans on inter-racial marriages than any other case has been. The state will have a high hill to climb to prove there is any compelling state interest in banning civil unions and, subsequently, same-sex marriages after the DOMA decision. Just my opinion and hope.

From ABC News:

Lesbian May Be Forced to Testify Against Wife

The murder trial of a Kentucky woman could become an important gay rights case after the woman's partner in a civil union was asked to testify at the murder trial.

The case of Bobbie Jo Clary, who is accused of murdering a man in Louisville in 2011, has turned into an argument over discrimination and rights after Kentucky prosecutors subpoened Clary's partner.

Prosecutors say Clary used a hammer to beat and kill George Murphy, 64, at his home in October 2011, and claim that she shared details of the murder with her partner, Geneva Case, according to ABC News affiliate WHAS.

http://abcnews.go.com/US/lesbian-woman-forced-testify-wifes-murder-trial/story?id=19828792

[closeupready]

1. K&R - the right not to have to testify against one's spouse

is FEDERAL law, isn't it? Thus, I don't see how they can enforce this subpoena.

I oppose capital punishment - however, despite that, the details surrounding this case make me think I'd not take it pro bono, if I were a lawyer (and I'm not). It's hard to feel sympathetic for the accused, based upon the allegations. Anyway...

[dballance]

2. The article leads me to believe it's a state law, not federal that provides spousal immunity

From the article:

"Kentucky, like many states, has a spousal privilege law exempting spouses from testifying against one another in court.

Prosecutors said the law does not apply to Clary's spouse because Case is a woman and Kentucky does not recognize civil unions or same-sex marriages. The state passed a law by referendum in 2004 that makes it unconstitutional to recognize same sex marriages or unions."

Since I'm not a lawyer and not that acquainted with federal law I don't know if there are federal laws providing spousal immunity. There may be, but they may only apply to federal cases and not state cases.

Maybe some attorney here on DU will chime in with the answer.

[Fearless]

3. I'd assume that like the guys from Ohio

They would be forced to recognize the out of state marriage for this purpose?