A requirement in national law for a person who has changed gender to be unmarried in order to qualify for a state retirement pension is unlawful, amounts to direct discrimination on the basis of sex and contravenes European Union law, says Advocate General Michal Bobek in an opinion delivered on Tuesday5 December (case C-451/16).
MB, a UK national, was born in 1948, registered at birth as male, and married in 1974. After beginning to live as a woman in 1991, MB underwent gender reassignment...