This Law Summary focuses on Glossip’s ongoing challenge to receive survivor benefits. The case not only implicates the Missouri Constitution’s equal protection and due process clauses, but it is also controversial because it involves the same-sex marriage issues that have stirred national debate for quite some time. This Law Summary will discuss each of these issues. Specifically, Part II provides the legal background for Missouri’s equal protection and substantive due process clauses and provides case law pertaining to situations similar to Glossip’s that have arisen in other states. Part III provides a more in-depth background of Glossip’s lawsuit, focusing on the arguments advanced by both Glossip and MPERS. Part IV provides discussion and analysis of the arguments and the case in general. Part V concludes that Missouri courts should uphold the denial of benefits and rule in favor of MPERS.
Benjamin S. Harner,
Cloaking a Challenge to Missouri's Marriage Amendment with a Challenge for Survivor Benefits,
77 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol77/iss4/7