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.
A judge in Louisville was told by a local prosecutor Friday that Attorney General Jack Conway's office doesn't intend to weigh in on the matter.
Conway's office says the state is adequately represented by the local prosecutor.
The dispute has arisen in the case of Bobbie Joe 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.