Talk:Spousal privilege

=Same sex marriages= The UK section refers to both spouse and wife without clarifying which applies. In the case of a same-sex marriage, does testimonial privilege apply to both partners? The Wikipedia definition of “wife” explicitly states that a wife is female. This piece implicitly suggests the same in that it consistently refers to “she.” Do husbands have testimonial privilege? If not, in a same sex marriage how is it decided who is the wife and who the husband.

US only?
Yes, this US only. It is derived from the Common Law so it likely is shared with British law, although I am not certain. The question about children does not appear to have been answered by U.S. courts. The text of the rules is pretty clear so any young child that is able to testify (they just need to be able to understand the difference between truth and non-truth) will likely disqualify spousal immunity protection. I suggest that anyone citing the FRE or other rules of evidence paste in the actual rule if it is short. This one qualifies. —Preceding unsigned comment added by 66.80.180.70 (talk) 20:21, 29 January 2010 (UTC)

This article is unclear on which specific jurisdiction it refers to but based on the fact it refers to "federal rules" and that this is wikipedia I assume it refers to the US Nil Einne 07:28, 5 January 2007 (UTC)

I was wondering if someone can clear up whether Children (underage or not) are considered "third party" when determining whether communications are privileged? Eboli 18:23, 8 January 2007 (UTC)

Indeed; I actually came to this page to try to find out what the position is in countries other than the USA; surely somebody must know something?! Lordrosemount 21:43, 12 October 2007 (UTC)

Does it even in exist outside of the USA?--209.181.16.93 (talk) 21:24, 22 January 2010 (UTC)
 * Yes, it does exist outside the USA. For example, in the Netherlands it does exist for partners, children, and family 2nd and 3rd degree (art 219 wetboek van strafvordering, https://wetten.overheid.nl/BWBR0001903/2020-07-25#BoekTweede_TiteldeelIII_AfdelingVierde_Artikel219) Teun Spaans (talk) 20:41, 13 August 2020 (UTC)

One of the plot points in the novel Brighton Rock deals with the spousal testimonial privilege, so it definitely exists (or at least used to) in Britain. I've restored the Globalize tag. Wereon (talk) 21:04, 14 March 2011 (UTC)

varies state to state
Shouldn't it be made clear that the actual existence of spousal privilege varies from state to state? It's not a blanket thing across the US. —Preceding unsigned comment added by 69.123.141.244 (talk) 03:24, 31 May 2010 (UTC) Well, it's now laid out in the "United States" section that the privileges are dictated in federal law for federal cases and then specifically laid out by the states themselves for state courts. Spawn777 (talk) 04:35, 6 March 2016 (UTC)

"Worldwide View" tag is not appropriate
This article primarily cites references applicable to the United States. However, since U.S. language and culture are currently lingua franca, it is not necessary to present a worldwide view.