sc94597 said:
I just quoted the whole Fifth Amendment. There's no mention of spousal privelege. In fact, it specifically mentiones "No person" meaning it's not something exclusive to spouses. |
I know it can seem confusing. It's in US Common Law - the practice based on the law.
http://supreme.justia.com/cases/federal/us/445/40/case.html
Here a US Supreme Court ruling from the 80's that reaffirms this practice in Trammel v. United States - 445 U.S. 40 (1980).
"Information privately disclosed between husband and wife in the confidence of the marital relationship is privileged under the independent rule protecting confidential marital communications, Blau v. United States, 340 U. S. 332; and the Hawkins privilege, which sweeps more broadly than any other testimonial privilege, is not limited to confidential communications, but is invoked to also exclude evidence of criminal acts and of communications in the presence of third persons"
Plus discrimination base on gender would also be prohibited in the 14th amendment. It was largely about race, but not mention race even one. See the actual 14th amendment:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Does that help with you question? What are you trying to say?







