Transssexuals and marriage

Case 12: The facts

KB works for the NHS and lives with a partner. Although they would wish to marry they are prevented by law from doing so because KB's partner is transgendered and thus the sex he has acquired is not that he was born with. KB argued that the pension scheme rule which excluded them because they were not married was contrary to European law which gives protection against discrimination to transgendered people.

The ruling

The ECJ agreed that the case was covered by EU law. The requirement that the couple be married offended against Article 141 of the Treaty of Rome in circumstances where the state prohibited marriage.

* KB v National Health Service Pensions Agency Case C-117/01