Gay Couple Seeks Spousal Privilege in Murder Trial

[jimnyc]

They are not legally married. This "defense" should be immediately tossed and she should be forced to testify.

A legal debate over whether one member of a same-sex couple has spousal privilege that would shield her from testifying against her partner is at the heart of a capital murder case in politically conservative Kentucky.

Geneva Case, 49, does not want to testify in a Louisville court against her partner, Bobbie Jo Clary, 37, who is accused of beating George Murphy, 64, to death with a hammer in 2011 and then stealing his van.

Prosecutors say Case must testify because of her value as a witness, since she heard Clary admit to the slaying and also saw blood on the interior of the victim's van after the killing.

Clary says Murphy used a hammer to sexually assault her, and she defended herself by hitting him over the head.

Clary is also charged with tampering with evidence to cover up the crime. If convicted, Clary could face the death penalty.

Under Kentucky law, a person cannot be called to testify against his or her spouse. Most states have a similar type of law.

But Kentucky is not among the 13 states that have legalized gay marriage. In 2004, it amended the state constitution to define marriage as being a union between a man and a woman.

Susan Sommer, an attorney for Lambda Legal, a national legal organization for the protection of gay rights, said she was not familiar with the details of the Kentucky case, but Lambda believes gay couples should have the same legal protections as other married people.

"Spousal privilege is one part of the tremendous bundle of protections for a committed couple that come automatically with marriage," Sommer said.

Case and Clary were joined in a civil union in 2004 in Vermont. Vermont first allowed civil unions in 2000, but did not legalize same-sex marriage until 2009.

"Kentucky's marital privilege law does not give Ms. Case the right not to testify in a murder trial," said Stacy Greive, assistant commonwealth attorney for Jefferson County. "And the reason marital privilege does not apply to Ms. Case in her relationship with the defendant is because it is our opinion and our belief that they do not have a marriage that is recognized under Kentucky law."

http://www.newsmax.com/US/kentucky-g...8/11/id/519770

[Larrymc]

They are not legally married. This "defense" should be immediately tossed and she should be forced to testify.



http://www.newsmax.com/US/kentucky-g...8/11/id/519770

I agree especially sense there marriage would not be recognized even if they were.

[Perianne]

Such a handsome couple.



ky_couple_20130730145916_320_240.JPG

Bobbie Jo (L) and Geneva.

[Noir]

They are not legally married. This "defense" should be immediately tossed and she should be forced to testify.

http://www.newsmax.com/US/kentucky-g...8/11/id/519770

Welp they live in a state that doesn't afford them equally rights, so they shouldn't expect to be treated equally.

[Larrymc]

Welp they live in a state that doesn't afford them equally rights, so they shouldn't expect to be treated equally.

But they do because Gays like Muslims think some laws shouldn't apply to them.

[Jeff]

Welp they live in a state that doesn't afford them equally rights, so they shouldn't expect to be treated equally.

There not equal plain and simple and as hard as many try to make it OK and make them equal others have said what is next I was born to love a Horse and of course the liberals laughed how ridicules of a statement but here we are they won there right to be equal for the most part and guess what we now have pedophiles coming forward and saying they where born that way, so do we now allow grown men to marry little boys? Once you OK something that is unnatural you open the door for all kinds of trash and that is what we did , so please lets not talk about the poor people live in a state that don't treat them equal

[fj1200]

But they do because Gays like Muslims think some laws shouldn't apply to them.

Didn't you argue that gays would be entitled to the benefits of marriage via civil unions? Would straights married in VT be granted marital privilege in KY?

[fj1200]

... so please lets not talk about the poor people live in a state that don't treat them equal

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;

.

[Larrymc]

Didn't you argue that gays would be entitled to the benefits of marriage via civil unions? Would straights married in VT be granted marital privilege in KY?

Of course they would both states recognize traditional marriage. not so for Gay relationships.

[fj1200]

Of course they would both states recognize traditional marriage. not so for Gay relationships.

VT has recognized civil unions since 2000 and gay marriage since '09 so it seems by your logic that they are entitled to spousal privilege.

[Marcus Aurelius]

Such a handsome couple.



ky_couple_20130730145916_320_240.JPG

Bobbie Jo (L) and Geneva.

the one on the left is a dude.

[Noir]

There not equal plain and simple and as hard as many try to make it OK and make them equal others have said what is next I was born to love a Horse and of course the liberals laughed how ridicules of a statement but here we are they won there right to be equal for the most part and guess what we now have pedophiles coming forward and saying they where born that way, so do we now allow grown men to marry little boys? Once you OK something that is unnatural you open the door for all kinds of trash and that is what we did , so please lets not talk about the poor people live in a state that don't treat them equal

When the debate is centred on consenting adults, those against ways bring up kids and animals... i wonder if they did the same when women got the right to vote 'What?! Women vote?! Well i guess to be equal we'll have to give my duck the right to vote aswell...'

[Larrymc]

VT has recognized civil unions since 2000 and gay marriage since '09 so it seems by your logic that they are entitled to spousal privilege.

Even if that's true it doesn't change the fact that KY dose not. Sorry if you don't like it but if the state don't recognize the relationship how can it have privileges.

[fj1200]

Even if that's true it doesn't change the fact that KY dose not. Sorry if you don't like it but if the state don't recognize the relationship how can it have privileges.

I believe that's where the Full Faith and Credit clause come in.

[Larrymc]

I believe that's where the Full Faith and Credit clause come in.

You'll have to elaborate on that a bit.