JEFFERSON CITY – The American Civil Liberties Union and the ACLU of Eastern Missouri appeared before the Supreme Court of Missouri on Feb. 27, 2013, to argue on behalf of Kelly Glossip, whose partner, Dennis Engelhard, was a state trooper killed in the line of duty. Missouri offers survivor benefits to spouses of troopers killed in the line of duty, but not to committed same-sex partners.
“For the 15 years we were together, Dennis and I loved and supported each other like any other committed couple. If we could have been married in Missouri, we would have, but state law didn’t allow it,” Glossip said. “Dennis gave his life protecting Missouri, and nothing can bring him back. But the state should honor his service by offering his family the same protections it provides to the spouses of other fallen troopers.”
Engelhard was killed when he was struck by a vehicle while responding to a traffic accident on a snowy Christmas Day in 2009. It happened to be the anniversary of the couple’s commitment ceremony, when they exchanged vows and rings on Dec. 25, 1997.
“The sudden and tragic loss of his life partner and primary provider for the family has left Kelly bereft not only of his soul mate, but of his main source of security,” said John Knight, staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project. “Kelly is now facing crippling health and financial burdens. Though he and Dennis were legally barred from marrying, Kelly deserves the same protection as any other trooper’s bereaved spouse.”
Spouses of Missouri State Highway Patrol employees are entitled to an annuity of 50 percent of the employee’s average salary if the employee is killed on duty. Since Engelhard’s death, Glossip has lost the home they both owned and suffered severe health problems that have left him in a rehabilitation center. Glossip is not challenging the definition of marriage under Missouri law, but instead is challenging the benefits policy as a violation of his rights under the Missouri Constitution.
“Had Kelly shared his life with a female trooper he could legally marry, he would not be excluded from this financial protection, which is a lifeline for grieving families,” said Anthony Rothert, legal director of the ACLU of Eastern Missouri. “Dennis and Kelly were a family in every sense of the word. Dennis even helped support Kelly’s son from a previous marriage. Kelly is only seeking to be treated with the same dignity as any other partner who loses a spouse in the line of duty.”