[JURIST] The England and Wales Court of Appeal ruled [judgment] Tuesday that a same-sex spouse is not entitled to his husband’s full pension benefits in the event of death. John Walker worked for Innospec but retired in 2003, two years before same-sex civil partnerships were recognized in the UK. In the event of Walker’s death, his spouse would only be able to collect about £500 a year—less than 1 percent of the £41,000 a year to which a heterosexual spouse would be entitled. Walker challenged Innospec’s policy under Paragraph 18 of Schedule 9 of the Equality Act 2010 [text] and the European Convention on Human Rights [text, PDF]. The appeals court rejected his argument, finding that the the laws did not have retroactive effects. One of the judges on the three judge panel, Lord Justice Underhill [judge bio], stated “I can understand that Mr Walker and his husband will find this conclusion hard to accept. But changes in social attitudes, and the legislation that embodies those changes, cannot fully undo the effects of the past.” The government has estimated that if these laws were to have retroactive effect it would cost over £3bn.

Same-sex marriage and the accompanying legal rights continue to generate controversy around the world. In June the US Supreme Court ruled [JURIST report] that states must issue marriage licenses to same-sex couples and also must recognize same-sex marriages that take place in other states. Also in June Mexico’s Supreme Court ruled same-sex marriage bans unconstitutional. In May Ireland became the first country to legalize same-sex marriage [JURIST report] by national referendum. Last year the Nigerian president signed [JURIST report] the Same Sex Marriage Prohibition Act into law, banning same-sex marriage and criminalizing same-sex relationships. Similar laws exist in Singapore and Jamaica [JURIST reports].