Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

Are domestic partners covered by the 5th amendment in the same way spouses are?

0
Posted

Are domestic partners covered by the 5th amendment in the same way spouses are?

0

What part of the 5th amendment are you referring to? The 5th protects against takings and against self-incrimination, also guarantees arest only by grand jury for capital crimes, but how does this relate to domestic partners? Are you referring to the “spousal immunity” privilege that prevents one spouse from testifying against the other spouse on things said by that spouse? That is not a constitutional right, but a state-created right that exists in nearly every jurisdiction. This issue has not come before any state courts, but unless your state recognizes same-sex marriage, I doubt seriously that the privilege would exist. The failure to recognize the privilege might make for an interesting equal-protection lawsuit, however!!

Related Questions

What is your question?

*Sadly, we had to bring back ads too. Hopefully more targeted.

Experts123