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Equality North East

Transgender discrimination

MB v Secretary of State for Work and Pensions

European Court of Justice
MB transitioned from male to female. She did not have a gender recognition certificate because to obtain one, she could not be married. She did not wish to end her marriage. She was denied a pension on the basis that she did not have a gender recognition certificate.

The court said that this requirement was precluded by Council Directive 79/7/EEC (Social Security Directive) and therefore she was entitled to the pension.

Going forward the Marriage (Same Sex Couples) Act 2013 now provides that a gender recognition certificate may be obtained without a marriage having to be annulled, so long as the partner consents.

Full details....

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July 10, 2018

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