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KB v. National Health Service Pensions Agency

C-117/01, 2004 E.C.R. 541 (2004)

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KB v. National Health Service Pensions Agency

European Court of Justice
C-117/01, 2004 E.C.R. 541 (2004)

MJ

Facts

KB (plaintiff) was a nurse for the United Kingdom’s National Health Service (NHS) (defendant). Over 20 years, KB contributed to the NHS’s pension system through regular contributions. The pension program provided that benefits would be paid out to a surviving spouse of a worker, meaning the person to whom the worker was married. KB was in a long-term relationship with R., who had undergone female-to-male gender-reassignment surgery. KB wanted her pension to go to R. in the event of KB’s death, just as it would have done had KB been married to a person who was assigned male gender at birth. But under United Kingdom law, any marriage in which the participants were not male and female (as assigned at birth) was void. The couple thus could not marry, and because they were not married, R. was not eligible to receive the pension in the event of KB’s death. KB sued in United Kingdom courts, claiming that the system was discriminatory. The matter was referred to the European Court of Justice to determine whether the application of United Kingdom law would violate the law of the European Union.

Rule of Law

Issue

Holding and Reasoning ()

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