A Kentucky judge is weighing whether a same-sex couple qualifies for the privilege of not testifying against a spouse in a slaying case in Louisville.
The question arose in the case of Bobbie Joe Clary. Clary is charged in the Oct. 29, 2011, murder and robbery of 64-year-old George Murphy, accused of fatally wounding Murphy with a blunt object in his Portland home.
Clary is claiming self-defense, saying that Murphy was raping her and she fought back by hitting him in the head with a hammer.
The Courier-Journal reports Clary and partner Geneva Case were legally married in Vermont in 2004. Kentucky doesn't recognize same-sex marriages.