Missouri Supreme Court Upholds Denial of Survivor Benefits To Patrolman's Same-Sex Partner

The Missouri Supreme Court, in a 5-2 decision this week, upheld the denial of survivor benefits to the same-sex partner of a deceased highway patrolman. In Glossip v. Missouri Department of Transportation, (MO Sup. Ct., Oct. 29, 2013), the court held that since plaintiffs were not challenging the state's constitutional ban on same-sex marriage, the issue is merely whether distinguishing between married and unmarried couples is permissible. The court held that it is; the survivor benefit statute passes "rational basis" scrutiny. Judges Teitelman and Draper dissented, arguing that the survivor benefit statutes intentionally discriminate against gay men and lesbians in violation of the constitutional guarantee of equal protection. Riverfront Times reports on the decision.