Supreme Court to decide whether retired Rapid City police officer can collect benefits from same-sex
Supreme Court to decide whether retired Rapid City police officer can collect benefits from same-sex spouse
PIERRE | After hearing oral arguments Tuesday, the South Dakota Supreme Court is set to decide whether a former Rapid City police officer is allowed to collect the survivor benefits of her late wife, whom she married soon after same-sex marriage became legal but after her spouse retired from the police force.
The lawyer representing the retired officer argued that the 2015 U.S. Supreme Court decision legalizing same-sex marriage is retroactive and the couple would have been married at the time of retirement if the state allowed it. But a lawyer for the South Dakota Retirement System said a court cant retroactively create a marriage.
Debra Anderson, 64, worked as an officer with Rapid City Police Department for 25 years, according to a brief submitted by James Leach, her lawyer. Anderson met her wife, Deborah Cady, in 1986 and they lived together and considered themselves a married couple from 1988 until Cadys death in 2017.
Anderson as well as the current and former chiefs of the police department previously testified that they were treated as a married couple by the police force, according to the brief.
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