An elderly Navajo woman who married her husband in a traditional ceremony can't be forced to testify against him in a sexual abuse case, the 10th Circuit Court of Appeals ruled on Monday.

Federal prosecutors claimed Esther Jarvison, 85, was not legally married to Ben Jarvison, 77. But in a 2-1 decision, the court said the couple's traditional wedding in June 1953 is valid under tribal law.

The court said the Navajo Nation "retains sovereign authority to regulate domestic relations laws, including marriage of its Indian subjects, Navajo law is dispositive as to the validity of the marriage in question."

The decision means Jarvison can cite spousal privilege in refusing to testify against her husband, who is accused of child sexual abuse on the reservation.

Get the Decision:
US v. Jarvison (May 23, 2005)