MB v Secretary of State for Work and Pensions (2014)
In this case the Court of Appeal rejected a transgender applicant’s claim that she should be entitled to a female state pension at the age of 60 having had her application for a pension at this age rejected by the defendant. She had undergone gender reassignment surgery in 1995 but because of her Christian faith had chosen to stay married and was still so married when she applied for her pension. Underhill LJ stated that the Gender Recognition Act 2004 was ‘plainly intended’ to give more than comprehensive guidance as to how gender reassignment within a legal context would be recognised and how it would apply in such circumstances.
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