Last fall a Kentucky court ruled Geneva Case, 49, must testify against her partner, 37-year-old Bobbi Jo Clary, in a murder case. The lesbians were legally joined in a civil union in Vermont, but Kentucky does not recognize same-sex marriage. Last month, Clay pled guilty and was sentenced to 40 years in prison although she claimed that the killing was in self defense. Less than one month after the sentencing, Attorney General Eric Holder has extended Department of Justice rights to all same-sex married couples, including the right not to testify against a same-sex spouse.
Other rights extended to LGBT couples married in one of the 17 states or the District of Columbia that recognizes marriage equality:
- Filing for domestic support obligations, including alimony
- Eligibility for Justice Department programs that provide compensation to surviving spouses of public safety officers, including the compensation fund for victims of the 9/11/01 terrorist attacks.
- Benefits for federal inmates equal to married heterosexual couples such as exchanging correspondence, having visitation rights and receiving “compassionate release” or a sentence reduction because of the incapacitation of a spouse as well as having escorts to a spouse’s funeral and eligibility for furlough in the event of a crisis involving their spouse.
- Joint bankruptcy filing
- Testimony in court against spouse
These rights are added to existing ones from the IRS and the Health Department. The government will also not contest same-sex married couples their rights in states where previously prosecutors could argue that the marriage is not recognized in the state where the couple resides.