Attorney General Eric Holder has for the first time directed Justice Department employees to give same-sex married couples “full and equal recognition, to the greatest extent under the law,” a move with far-ranging consequences for how such couples are treated in federal courtrooms and proceedings.
The directive specifies that such couples can decline to give testimony in U.S. cases that might incriminate a spouse, known in the law as marital privilege. The guidance says the Justice Department won’t object to that even if the state where the couple lives doesn’t formally recognize the marriage.
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