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MB v SoS for Work and Pensions [2016] UKSC 53

188 views · Published 1 December 2016 · 10:06 · Indexed 10 November 2026

Channel: marcuscleaver · 2016 · Education

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At the time of this case men in the UK retired at age 65 and women retired at age 60. At what age should a woman who was born a man retire? And what happens when the Supreme Court can't make up its mind?

This case exmines LGBTQ rights within the context of pensions law. MB is a transgender woman who was unable to be fully recognised as a woman for the purposes of retirement because she continued to be married to her wife after sex reassignment surgery.

MB argued within the context of the directive on the progressive implementation of the principle of equal treatment between men
and women in matters of social security that social factors such as marital status should have no impact on gender recognition.

The secretary of state for work and pensions argued within the context of the UK's Gender Recognition Act 2004 and the Civil Partnership Act 2004 that social factors do indeed play a role.

The UK Supreme Court was divided on this issue and so the question has been referred to the Court of Justice of the European Union under the preliminary reference procedure. This will prove an interesting point on the subject of judicial interpretation as the CJEU will provide an interpretation on the basis of 2016 social views while the UKSC will apply this interpretation to a case that occurred in 2008.

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