Widow's and homosexual marriage pension (with regard to SSTC 92/2014, 93/2014, 115/2014 and 157/2014)

Abstract

The right to widow's pension requires, in general, have contracted prior marriage in any of the forms provided for in the Civil Code. The Law 13/2005 of 1 July, to amend this rule in law to enter into marriage, recognized the right to marry to persons of the same sex; and it resulted in the recognition of the right to a widow's pension to the surviving spouse of a same-sex marriage. However, difficulties in access to the right to widow's pension have occurred in relation to couples actually gays who had not been able to get married because there was no legal provision that would allow the marriage at the time of the demise of the causing subject. This question prompted a constitutional doctrine that not considered discriminatory on grounds of sex that people can not access to the right to a widow's pension.