testify. if she refuses -- you can go to jail. >> no. >> reporter: it doesn't -- >> i'm not -- >> reporter: it doesn't bother you? >> no. >> reporter: you'd go to jail rather than testify? >> i'm not going to say i would go to jail. but i want to get it across that this is -- this should be -- we should all be equal. >> reporter: experts say the supreme court ruling that california's proposition 8 banning same-sex marriage was illegal doesn't change things in kentucky, but attorneys representing case and clary says it opens a pathway. >> i think it helped us, and the way it helps us, it shows our federal level, especially at the supreme court level, is willing to take a hard look at issues that affect the social makeup of our society. >> reporter: case told detectives during an interview two years ago that clary admitted the killing but said it was self-defense, and case says she saw her spouse clean blood