A person who has changed gender cannot be required to annul the marriage which he or she entered into before that change of gender in order to be entitled to receive a retirement pension at the age provided for persons of the sex which he or she has acquired. Such a condition constitutes direct discrimination based on sex
The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex
Although the Member States have the freedom whether or not to authorise marriage between persons of the same sex, they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory.
By a decision of 10 October 2017, delivered 8 November 2017, the German Federal Constitutional Court has ordered the legislature to end sex/gender-registration at all or (alternatively) to enable the registration of another positive designation of a gender that is not male or female.