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Kelly Glossip: ACLU Fights Missouri to Get Benefits for Same-Sex Spouse of Killed Trooper

The official defendant in this case is the Missouri Department of Transportation and Highway Patrol Employees' Retirement System. A spokeswoman for the Attorney General's office, which is representing the state in this matter, tells Daily RFT that they do not have a comment in advance of today's hearing.

Kelly Glossip and Dennis Engelhard 2.jpg
via aclu.org

But the respondent's brief filed last month, also on full view below, argues that the lower court correctly determined that the statutory classification limiting survivor benefits to surviving spouses or eligible children does not violate "equal protection."

Another part of the state's argument is that Missouri's equal protection clause should not be interpreted more broadly than its federal counterpart.

The couple met in April of 1995 and lived in Robertsville in Franklin County. They had exchanged rings on a Christmas Day years before Engelhard died.

"While the Constitution of Missouri can't bring back Dennis, it can prevent all the other losses that were caused by Missouri law," says Rothert.

Check out more photos and the full legal arguments below.

kelly and dennis.jpg
via aclu.org

to kelly.jpg
via aclu.org

Continue for more documents.


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16 comments
Rachel Shepard
Rachel Shepard

Definitely. And this above comment is absolutely ignorant.

Soy Sauce Soy Sauce
Soy Sauce Soy Sauce

Call me old fashioned, but I don't think highway robbers (or their family members) should be given a free ride for life on everybody else's dime.

Tammie Hutto Egloff
Tammie Hutto Egloff

Yes. This irks me so much. I always hear that it's ok that same sex couples cannot get married because they still have "partnerships" and will still receive the same treatment and rights. This is a perfect example of a case that is NOT equal because same-sex marriage is not allowed in MO.

Jennifer Krieger
Jennifer Krieger

David, that hardly makes sense since straight couples have the option to marry here while gay couples do not. Many gay couples would marry if they could. The best way to fix the problem is to legalize gay marriage.

Bambi Zj Baker
Bambi Zj Baker

They get taxed just like the rest of the population and that system is for everyone in their time of need so yes benefits should be rewarded

David B Fowler
David B Fowler

As soon as straight partners not married are allowed.

Adam Thenhaus
Adam Thenhaus

Well that is 90% of the reason same-sex marriage is being fought so hard for so yes.

Jason Goad
Jason Goad

I think if a person works hard and earns their benfits , it shouldn't matter who their partner is! They deserve the same treatment for their time and effort. Same as a traditional married couple, a family is a commitment.

Neil Aimaro
Neil Aimaro

I think it's an embarrassment that Missouri still has not joined the 21rst century.

Vicky Treffert
Vicky Treffert

Yes they should. I agree w/Robert West. Why is gov't. interferring?

Lynn Pevey
Lynn Pevey

If they were married then yes. Doesn't matter if it's man/woman, woman/woman, or man/man.

Robert A. West
Robert A. West

The government should not be in the business of granting marriages. Leave that to ritualistic institutions, and let the government preside over civil unions (which should be available to all couples regardless of sexual preference).

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