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(Jefferson City) (AP) – A Missouri man is trying to get a routine state benefit after his partner died in the line of duty, even though the state does not recognize gay marriage.

Kelly Glossip is suing the Missouri Highway Patrol for denying benefits designed for the surviving spouse of a slain public safety official. His partner, Dennis Engelhard, was hit and killed by a vehicle while investigating an accident in 2009.

The Missouri Supreme Court heard oral arguments Wednesday, with Glossip’s attorney arguing that survival benefits should not be denied on the basis of sexual orientation. The state says the benefits are intended for spouses and the men’s relationship does not fall into that classification.

The court did not rule on the case and offered no timetable for a decision.

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