(AP) The Missouri Supreme Court has ruled against a Highway Patrol trooper’s same-sex partner who sought survivor benefits.

Patrol Cpl. Dennis Engelhard died in December 2009 when he was struck by a vehicle while investigating an accident on Interstate 44 in Eureka.

Missouri law entitles surviving spouses of Highway Patrol officers killed in the line of duty to an annuity. Engelhard’s partner, Kelly Glossip, did not receive the benefit.

In a 5-2 ruling Tuesday, the Supreme Court said Glossip was denied benefits because he and Engelhard were not married – not because of his sexual orientation.

The court noted that Glossip had not challenged Missouri’s prohibition of same-sex marriage.