Abstract

K.B. is a woman working for the United Kingdom National Health Service with a transsexual male partner. Her partner's male gender was not legally recognised in the United Kingdom and consequently they could not marry. Whilst the NHS pension scheme provides for the payment of a survivor's pension, this is only in respect of married partners. The European Court of Justice held that the combination of circumstances that prevented K.B.'s partner from receiving the survivor's pension amounted to sex discrimination in pay contrary to Article 141 of the Treaty establishing the European Community. At first sight, this decision appears to represent a strengthening of the concept of gender equality in European Union law. Yet, the reasoning provided by the Court lacks clarity and coherence. Moreover, the reach of equality is compromised by the Court's determination to exclude any confrontation with the privileged status of heterosexual marriage.