Lia Thomas, the US swimmer who rose to global attention after becoming the first transgender athlete to win an NCAA collegiate title in March 2022, has lost a legal fight against World Aquatics at the Court of Arbitration for Sport, ending her ambitions of competing in next month’s Paris Olympics.
The 25-year-old is also forbidden from swimming in the female category after failing to overturn guidelines imposed by swimming’s governing body in the summer of 2022 that prohibit anyone who has experienced “any part of male puberty” from competing in the female division. Thomas stated that the rules were “invalid and unlawful” because they violated the Olympic Charter and the World Aquatics Constitution.
However, in a 24-page conclusion, the court determined that Thomas was “simply not entitled to engage with eligibility to compete in WA competitions” because he was no longer a member of USA Swimming.
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World Aquatics applauded the development, describing it as “a major step forward in our efforts to protect women’s sport.”
“World Aquatics is dedicated to fostering an environment that promotes fairness, respect, and equal opportunities for athletes of all genders and we reaffirm this pledge,” it stated.
World Aquatics implemented new rules after Thomas defeated Olympic silver medalist Emma Weyant by 1.75 seconds to earn NCAA gold in the women’s 500-yard freestyle in 2022.
According to a scientific document that inspired its judgment, swimmers like Thomas preserved considerable physical advantages from male puberty, including endurance, power, speed, strength, and lung size, even after lowering their testosterone levels with medication.
While it is understood that World Aquatics was prepared to debate the merits of the scientific data at Cas, the hearing was purely concerned with whether Thomas, who is no longer a member of USA Swimming, was permitted to dispute its rules.
On Wednesday, it ruled that Thomas had no standing to sue World Aquatics’ transgender policy, with a key paragraph stating: “The panel concludes that since the Athlete is not entitled to participate in a ‘Elite Event’ within the meaning of USA Swimming Policy, let alone to compete in a WA competition, which occurs upon registration with WA before a competition or upon setting a performance that leads to a request for registration as a WA world record, she is simply not
“The policy and the operational requirements are simply not triggered by her current status.”
World Aquatics insists on doing everything it can to be inclusive, including establishing an “open” category for transgender swimmers. However, plans to launch it at the Berlin World Cup in October were scrapped after no entries were received for either of the 50m and 100m races across all strokes, which were scheduled to compete alongside male and female races.
Source: theguardian.com