A Kentucky court could set a precedent if they force a lesbian woman to testify against her partner.
Prosecutors say Geneva Case overheard her partner Bobbie Joe Clary talk about murdering a man two years ago.
Case has said she wont testify against Clary citing a Kentucky law that allows spouses to refuse to testify against each other.
Kentucky law also says they don't recognize same-sex marriages.
Clary and Case were married in Vermont in 2004.