Prosecutors in Kentucky are attempting to force a woman to testify against her own wife, despite the fact that Kentucky law exempts spouses from being compelled to testify against each other.

Bobbie Joe Clary is charged with the 2011 murder and robbery of 64-year-old George Murphy. Clary is accused of fatally wounding Murphy with a blunt object. Clary argued that she was attempting to defend herself from Murphy's sexual advances in his home when she hit him on the head with a hammer.

Prosecutors said that Clary admitted her guilt to her wife, Geneva Case, and that Case saw Clary abandon Murphy's van in Southern Indiana.

The women in 2004 entered a civil union in Vermont. In 2009, the state legalized marriage for gay and lesbian couples and began retroactively recognizing civil unions as marriages.

Case has refused to testify against her wife, invoking spousal privilege under state law, the Courier-Journal reported.

The prosecution said that Case cannot invoke spousal privilege because Kentucky does not recognize the marriages of gay couples.

“That ceremony is not a 'marriage' that is valid and recognized under Kentucky law,” prosecutors said in a court filing. “Geneva Case and the defendant cannot prove the existence of a marriage under Kentucky law.”

Angela Elleman, an attorney representing Clary, said that the women were being discriminated against because of their sexual orientation.

A court hearing on whether Case can be ordered to testify against her wife has been set for July 30.