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LGBT

dballance

(5,756 posts)

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

Reply to closeupready (Reply #1)

Thu Aug 1, 2013, 01:20 PM

Aug 2013

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.

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"Lesbian May Be Forced to Testify Against Wife" This ought to be interesting. [View all] dballance Aug 2013 OP

K&R - the right not to have to testify against one's spouse closeupready Aug 2013 #1

The article leads me to believe it's a state law, not federal that provides spousal immunity dballance Aug 2013 #2

I'd assume that like the guys from Ohio Fearless Aug 2013 #3