08 March 2010
A transsexual is mounting a legal battle to have her state
pension backdated to 60. Although Christine Timbrell undertook a
full sex change in 2000 to become a woman, she is not legally
recognised as a woman because she refuses to divorce her wife.
Now 68, she is taking the Department for Work and Pensions to
court in an effort to have her state pension backdated. Under
legislation in 2004, transsexuals are entitled to enjoy all the
benefits of their new gender.
However an important caveat stated that married transsexuals
could only have their gender recognised if their marriage had been
annulled or divorced. But Timbrell, who remains happily married to
her wife of 43 years, refuses to do this, saying: "The Department
for Work and Pensions say the remedy is for us to divorce and go
into a civil partnership, but we say that's not the same."
Challenging the Department for Work and Pensions at the Appeal
Court, Trimbell's lawyer said the rules that she must end her
marriage before her gender is recognised is a violation of her
human right to respect for her home and family life.
The Department for Work and Pensions argue women born female are
not entitled to marry another woman and that, if both Christine and
Joy Timbrell qualified for pensions at 60, they would amount to
preferential treatment compared to a mixed-gender married
couple.
The Appeal Court hearing continues.
