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To: Boogieman
Unless Elmo and the accuser got married, he could be compelled to testify.

Interesting thought here:

If a minor was subjected to criminally conducted sodomy, then later as an adult "married" the perpetrator (under the change of definition in some states), would this "partner" be prohibited from testifying against the perpetrator, as the wife in a traditional marriage would not be permitted to testify against her husband? Especially, if the couple were "united" in a same-gender marriage state, but now living in a state where same-gender mutual gratification was not seen as a marriage but as sodomy?

Hmmmmmm.

24 posted on 11/20/2012 7:01:11 AM PST by imardmd1
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To: imardmd1

Well, I don’t think they are prohibited from testifying (it certainly doesn’t work like that in divorce court), they just can’t be compelled to testify against their spouse. If they want to testify, they are still free to do so.

As for the gay marriage issue, I believe that, according to DOMA, a state doesn’t have to honor gay marriages performed in other state, if they contravene the first state’s laws. So, I think that would probably apply to the ramifications of testifying in court also.


25 posted on 11/20/2012 7:28:14 AM PST by Boogieman
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