DUBLIN, Ireland: The High Court in Dublin has ruled that the State's refusal to provide a man, who lived with his late partner for 25 years, with a spouse's pension is unconstitutional.

In his case, filed against the Minister for Public Expenditure in the High Court, Freddie Jones argued that the State's refusal to allow him benefit from his late partner's contributions to a civil service pension scheme amounted to discrimination.

The minister had denied Jones a spouse's pension under the Civil Service Spouses' and Children's Contributory Pension Scheme, as Jones was neither married nor in a civil partnership. The law does not provide an entitlement in such cases.

Jones lived with his partner, James Kingston, for almost 25 years, a lawyer and senior government worker, in a close and committed relationship before Kingston died in 2022.

Jones said the pension scheme was unfair because it did not give him benefits from Kingston's pension, even though the Constitution says all citizens should be treated equally under the law.

He argued that the pension scheme treated him worse than someone in the same situation who was married to or in a civil partnership with their partner.

In a decision released on January 19, Judge Cian Ferriter said the main issue was whether this different treatment was fair and reasonable, based on the purpose of the pension scheme.

The judge explained that the purpose of the scheme is to support the partner left behind, helping them replace the financial support the deceased provided.

He said there is no real social difference between a surviving husband, wife, civil partner, or long-term partner living together.

Because of this, the judge said it does not make sense to treat a long-term partner differently from a spouse or civil partner under the pension scheme.

The judge said Jones should receive a court declaration that the government's refusal to give him a spouse's pension goes against the Constitution.

The Irish Human Rights and Equality Commission welcomed the decision, saying it supports the idea that everyone should be equal before the law.

Its chief commissioner, Liam Herrick, said the court found there is no social difference between a surviving spouse or civil partner and a long-term partner when it comes to getting a civil service pension.