Spain's Constitutional Court has recently rejected complaints brought by applicants after their survivor's pensions were denied because they were not married to their partners. However, the marriages could not possibly have taken place, as the partners died before the law allowing equal marriage was passed. The Court based its decisions on surprising arguments: that marriage is an objective (and thus non-discriminatory) condition, and that, as the right to homosexual marriage is not a fundamental right, the authorities are entitled to award benefits to heterosexual couples only.