Transgender swimmer Lia Thomas loses case to overturn World Aquatics ban

LAUSANNE – Lia Thomas, the transgender swimmer who was barred from competing in women’s events, has lost her case against World Aquatics (WA) at the Court of Arbitration for Sport (CAS), swimming’s governing body said on June 12.

The decision prevents the American from having any chance of competing at the Paris Olympics.

Thomas, 25, became the first transgender National Collegiate Athletic Association (NCAA) champion in Division I history in 2022, but soon after WA (then called Fina) voted to restrict the participation of transgender athletes in elite women’s competitions.

She had lodged a case with CAS in January in a bid to overturn the ban and compete in elite female races again, arguing that the provisions are not only “invalid and unlawful” but also discriminate against her.

However, a three-member panel in the sport’s top court dismissed the case.

“The panel notes that the athlete did not apply for – let alone was granted – the right to participate in ‘elite events’ within the meaning of the USA Swimming policy,” it said in a 24-page verdict.

“She is currently only entitled to compete in USA Swimming events that do not qualify as ‘elite events’... let alone to compete in a WA competition.

“She is simply not entitled to engage with eligibility to compete in WA competitions.”

WA welcomed the decision made by CAS, which it said is a “major step forward” in its efforts to protect women’s sport, adding that it is also dedicated to “fostering an environment that promotes fairness, respect, and equal opportunities for athletes of all genders”.

“Our policies and practices are continuously evaluated to ensure they align with these core values, which led to the introduction of our open category,” it said.

“We remain committed to working collaboratively with all stakeholders to uphold the principles of inclusivity in aquatic sports and remain confident that our gender inclusion policy represents a fair approach.”

Thomas shot to prominence in 2022 when she won the women’s 500-yard freestyle NCAA title and had expressed a desire to compete for a place at the Olympics, before the new rule was adopted by WA.

The new eligibility policy stated that male-to-female transgender athletes are eligible to compete only if they can establish to WA’s “comfortable satisfaction that they have not experienced any part of male puberty beyond Tanner Stage 2 (of puberty) or before age 12, whichever is later”.

The policy led to other sports governing bodies – such as World Athletics – banning transgender women who had gone through male puberty from elite female competitions. REUTERS, AFP