(WHAS11) – Kentucky’s Attorney General is staying out of a dispute on whether a law exempting spouses from testifying against each other applies to same-sex couples.
The dispute came to light in the case of Bobbie Jo Clary who is charged with a 2011 murder.
Prosecutors claim her partner, Geneva Case, heard Clary admit to the killing and argue she must testify because Kentucky doesn’t recognize same-sex civil unions or marriages.
The couple joined into a civil union in Vermont.
Defense attorneys say that denying them the same marital rights as others would violate the Constitution.