PATHI as an all-island multidisciplinary organisation representing, supporting, and connecting those working to strengthen the health, rights, and wellbeing of all trans and gender diverse people across Ireland, stands in solidarity with trans individuals throughout the UK in light of the UK Supreme Court judgement regarding legal definition of ‘woman’.
On the 16th of April 2025, the UK Supreme Court ruled that for situations relevant to the Equality Act 2010, the term ‘woman’ refers exclusively to individuals who are assigned female at birth. This decision made by five justices, without the input of trans individuals, marks a critical and deeply troubling moment in the legal and political landscape of human rights in the UK.
PATHI as an organisation committed to the rights, autonomy, agency and liberation of trans people is outraged and condemns the Supreme Court judgement on the legal definition of a woman, which has been defined on the basis of biological sex, regardless of legal recognition. This judgement constitutes a complete disregard for the human rights of all trans and intersex people in the UK, impacting trans women in particular. The decision of the Supreme Court to carry this judgement without input from trans people, specifically trans women who are now legally excluded from the category of ‘woman’, demonstrates an undemocratic process in which a group’s fundamental rights can be decided without their participation. This is deeply undemocratic and contravenes core principles of justice and equality.
In response to this judgement, PATHI reiterates that trans women are women. Trans women face systemic exclusion, marginalisation and violence and are targeted and vilified by political actors, the media and anti-trans activists. It is clear the Supreme Court is responding to the ambitions of exclusionary groups who have dedicated themselves to the pursuit of this case in order to reduce the safety, freedoms, and access of trans women in UK society.
Specific to the remit of PATHI, its multidisciplinary membership commits to protecting the provisions of the Equality Act in the Republic of Ireland which recognises gender as a protected ground, a provision which extends its protections to trans people and is consistent with EU Law interpretations of human rights. Any attempt to exclude trans people from this protection would contravene and be superseded by EU law. Additionally, it is also significant to note that the Supreme Court judgement in the UK would require distinct enactment in Northern Ireland under the conditions of the Good Friday Agreement, an enactment which PATHI would wholeheartedly resist in solidarity with trans individuals living in Northern Ireland.
PATHI will continue our work to strengthen the health, rights, and wellbeing of all trans and gender diverse people across Ireland and will extend our expertise and solidarity where possible to trans communities, organisations and individuals impacted by this ruling in the UK.