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DE Court Extends Spousal Privileges to Same-Sex Couples
In the first major test of the strength of Delaware's civil union legislation, a Delaware Superior Court judge approved an order retroactively applying spousal testimonial privilege to a same-sex couple who were married in California in 2008, even though their partnership was not legally recognized in Delaware until the state's civil union law went into effect earlier this year. Spousal testimonial privilege is a benefit granted to married couples in which spouses cannot be compelled to testify against each other in a court of law regarding private conversations. Although it has been a long-standing legal standard in opposite-sex marriages, it has been an infrequent issue in same-sex marriages and civil unions but was recently challenged in Theil v. Dentsply International.
The Case
In the case, plaintiff David Theil, a gay man, sued dental supply company Dentsply International, alleging that he faced discrimination for his sexual orientation. Theil contends in his complaint that Dentsply discriminated and retaliated against him, as well as created a hostile work environment because he was gay. Dentsply, which is headquartered in York, PA, and has an office in Wilmington, DE, where Theil worked, denies the accusations.
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