NASHVILLE, Tennessee (Reuters) – 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.

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