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In the summer of 2013, the U.S. Supreme Court struck down a central component of the Defense of Marriage Act (DOMA), holding that the federal government must recognize same-sex marriages that are legalized in individual states. Several months later, in February of 2014, U.S. Attorney General Eric Holder announced new Department of Justice (DOJ) policies on same-sex marriage. Holder’s memo stated in part, “It is the Department’s policy, to the extent federal law permits, to recognize lawful same-sex marriages as broadly as possible, and to recognize all marriages valid in the jurisdiction where the marriage was celebrated.”
Though by its own terms not exhaustive, Holder’s memo:
As another part of the new policy, in criminal cases the DOJ will honor assertions of marital privileges involving legal same-sex marriages. That’s true even if the marriage isn’t valid in the state where the people involved live or used to live, or in the state where the case is being heard.
For detailed information about the marital privileges, see Privileged Information at Trial: Spousal Privileges for Same-Sex Couples.