EU court adviser says Britain was wrong to refuse transgender woman’s pension

Britain’s rejection of a transgender woman’s claim for a women’s state pension because she was still married to her spouse from before her transition is discriminatory, an EU court adviser said on Tuesday.

Advocate General Michal Bobek of the Court of Justice of the European Union (ECJ) stated in a non-binding opinion that marriage status does not play a role in accessing state retirement pensions for people who are not transgender.

“This amounts to direct discrimination on the basis of sex, which is not open to objective justification,” a news release of the opinion stated.

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