Yeah, maybe its silly, but I'm really hoping the Court sides with this guy.
I know its not likely because the Court is supposed to follow the law as written, but I hope the law does get overturned. Its really, really stupid to me that survivor benefits cannot go to the person of the employee's choice, whether that be spouse, child, aging parent, or live-in partner. Not recognizing that this guy has benefits coming is like a slap in the face, to me. His spouse worked hard, died in the line of duty, survivor benefits are there for this reason. This man, and the man who died, should not be punished for not being married in the eyes of the state.
Sorry, kind of a rant, but I'm passionate about this. That man EARNED those survivor benefits. Saying it can only go to a spouse is outrageous - you earn them whether you're married or NOT!
Another reason MO should recognize same sex marriages, but sadly I know it will be awhile.
ETA: Disregard in part, reading fail. Children can get those benefits. I still stand by the majority of my outburst.