Yesterday, Jefferson Circuit Court Judge Susan Shultz Gibson issued an order in Commonwealth v. Clary, preventing a lesbian couple from invoking marital privilege in a murder trial.
The defendant and her partner entered into a civil union in Vermont, though they were never married under any state law. Kentucky law prohibits marriages between people of the same sex. KRS 402.020. Therefore, because the “marriage” is not recognized as a marriage, spousal privilege cannot be invoked, the judge ruled.
Judge Gibson (whom I highly respect) definitely got it right on this one . I really wish, though, that these women had actually been married under another state’s law, so we could have a Full Faith & Credit case headed to SCOTUS on the issue.
Tags: Attorney Civil Union Commonwealth vs. Clary Constitution Criminal Defense Criminal Law Criminal Lawyer DOMA Full Faith and Credit Clause Gay Marriage Judge Gibson Kentucky Lawyer Lesbians Louisville Louisville Attorney Louisville Lawyer Marital Privilege Marriage Murder Same-Sex Marriage SCOTUS Spousal Privilege Supreme Court Trial Vermont