Don, Those are good questions but the law is not s...

2009-10-29T16:27:30.673-05:00

Don, Those are good questions but the law is not set in stone at this point in this area. In the absence of DOMA, I think they would have a better shot at asserting the privilege. Aviva's lawyers will certainly argue that DOMA ties the hands of the judiciary on this. There have been cases challenging the constitutionality of DOMA.

I guess I had assumed that they had also been marr...

2009-10-29T16:18:36.440-05:00

I guess I had assumed that they had also been married in Iowa after the decision there. Apparently not.

Gary, is the spousal priviledge something that is enshrined in federal statutory law or simply a federal court traditional recognition of a common law matter? And if the latter is true, can it be argued that the federal courts could defer to a particular jurisdiction's definition? Maybe put in simpler fashion, does DOMA limit the federal judiciary in the matter or could, for example, the federal courts say that to the degree the relationship involved is sufficiently "like" marriage, the privilege could apply?

Comments on Advance Indiana™: Stevens Embezzlement Case To Test Spousal Privilege For Gay Couples

Don, Those are good questions but the law is not s...

I guess I had assumed that they had also been marr...