A transsexual man wants to be recognised as a man in the marriage system and a woman in the pension system.
Christopher Timbrell, who has changed his name to Christine, was in the Court of Appeal yesterday with a case against the Department for Work and Pensions (DWP).
Mr Timbrell says he should have the same pension benefits as a woman and receive backdated funds but still be allowed to be married to his wife.
While he is 68, a woman’s pension benefits begin at 60 and a man’s begin at 65.
Mr Timbrell is allowed to apply to the Gender Recognition Panel but must first dissolve or annul his marriage.
His lawyer claims his right to family and a private life is being contravened.
The DWP says he is, in law, still a man.
Mr Timbrell told newspapers: “The Department of 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.
“We are not gay and it would be hypocritical to pretend that we are. That is what we would be doing by entering into a civil partnership.”
The DWP also pointed out that if the couple both qualified for pensions aged 60, they would achieve “preferential treatment” compared to a married couple.
Last month it was reported that a woman who underwent sex change surgery to look like a man was pregnant for the third time.
Thomas Beatie was called Tracey Lagondino, but she chose to undergo a sex change.
However, during the sex change she opted to keep her reproductive organs.
In January the Scottish Parliament apologised after a transsexual man, who lives as a woman, was searched by a male security guard while visiting an LGBT Scotland event at Holyrood.
A Holyrood insider said: “The visitor was a man as far as the security staff could tell.
“In those circumstances, it was felt it was fine for a male security guard to search him before he came in.
“However, the visitor was adamant he wanted to be searched by a woman.
“The women on duty at the time refused, as they are not supposed to carry out body searches on male visitors.”