Bobbie Joe Clary is accused of killing a southern Indiana man back in November of 2011.
The prosecutor says Clary’s partner Geneva Case allegedly overheard Clary talk about committing the murder, and now wants Case testify against her partner.
However Case says she wont testify and is citing a Kentucky law that allows for spouses refuse to testify against each other.
The two were married in Vermont, and Kentucky Law does not recognize same-sex marriages.
The Lexington Fairness group says no matter where you’re married every state should honor marriage rights.
They say this is an issue that will stem out to other legal matters such as divorces and division of property after deaths.
The Supreme Court is expected to issued a ruling on the Defense of Marriage Act later next week, which denies federal benefits to legally married Gays and Lesbians in 12 states and the District of Columbia that allow same-sex marriage.
That ruling could play a key role in this case.