Murder case marks the first legal test in Ky. over whether same-sex partners can be forced to testify against each other.
Jason Riley
The (Louisville, Ky.) Courier-Journal
Originally published on June 16, 2013
Prosecutors say Geneva Case heard her spouse admit to killing a man two years ago and saw her clean blood out of the man's van and abandon it in Southern Indiana.
Now, they argue, Case must testify about those facts, even though Kentucky law exempts spouses from being compelled to testify against each other.
The reason, they say, is that Case and the defendant, Bobbie Joe Clary, entered into a same-sex civil union in Vermont in 2004 — and Kentucky does not t recognize same-sex civil unions or marriages.
"That ceremony is not a 'marriage' that is valid and recognized under Kentucky law," prosecutors said in a court motion, noting that marriage between members of the same sex is prohibited in Kentucky. "Geneva Case and the defendant cannot prove the existence of a marriage under Kentucky law."
But attorneys for Clary say they are legally married and denying them the same marital rights others have would be a violation of the Constitution.
The case has become the first legal test in the state over forcing same-sex partners to testify against each other — raising the broader issue of whether the state recognizes marriages or civil unions that are legal elsewhere. The case could have ramifications for issues such as divorces and division of property after death.
The entire story is here.
