Kentucky is in a bit of a quandary over same-sex marriage thanks to a high-profile murder case involving a lesbian (the accused in the case) and her spouse. As Joe.My.God points out, the state's constitutional ban on same-sex marriage is coming under fire because of spousal privilege:
A legal debate over whether one member of a same-sex couple has spousal privilege that would shield her from testifying against her partner is at the heart of a capital murder case in politically conservative Kentucky. Geneva Case, 49, does not want to testify in a Louisville court against her partner, Bobbie Jo Clary, 37, who is accused of beating George Murphy, 64, to death with a hammer in 2011 and then stealing his van. Prosecutors say Case must testify because of her value as a witness, since she heard Clary admit to the slaying and also saw blood on the interior of the victim's van after the killing. Clary says Murphy used a hammer to sexually assault her, and she defended herself by hitting him over the head.