Kentucky judge to decide same-sex privilege issue

Kentucky judge to decide same-sex privilege issue

Posted:

LOUISVILLE, Ky. (AP) - 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 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.

Jefferson Circuit Judge Susan Schultz Gibson set a July 30 hearing date over whether Case qualifies for the right not to testify against Clary.

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