Limits on the right to marry?

New England Patriot's Tight End Aaron Hernandez and fiancé Shayanna Jenkins

In a year filled with debates about marriage and the Constitution, should Aaron Hernandez (pro football player charged with murdering Odin Lloyd) be allowed to marry his long-time girlfriend and alleged fiancée, Shayanna Jenkins?

Under MA rules of evidence, 'spouse shall not be compelled to testify in the trial of an indictment, complaint, or other criminal proceeding brought against the other spouse.'

If Hernandez is allowed to marry Jenkins it could bar the prosecution from compelling Jenkins to testify against Hernandez. Authorities from Bristol County say they will not allow nuptials to be exchanged so long as Hernandez is being held on remand.

Is this bar to marriage legal under a Constitutional right to marry theory? Could Hernandez pursue an interlocutory appeal on the basis of the right to marry?