The Court of Arbitration for Sport (CAS) has dismissed a challenge from transgender swimmer Lia Thomas, who sought to overturn a policy barring her from competing in women’s races at elite competitions. The CAS ruling, disclosed by USA TODAY Sports, concluded that Thomas lacks the standing to contest the policy established by World Aquatics, the international governing body for swimming.
The CAS panel stated that Thomas is not currently eligible to compete in elite competitions sanctioned by World Aquatics or USA Swimming, rendering the policy inapplicable to her at this time. According to the arbitral award, “She is currently only entitled to compete in USA Swimming events that do not qualify as ‘Elite Events.'”
Thomas, who is absent from the preliminary entry list for the upcoming U.S. Olympic swimming trials in Indianapolis, had argued that the gender inclusion policy of World Aquatics was discriminatory. This policy effectively bans transgender competitors from participating in men’s or women’s races at elite competitions, including the Olympic Games and world championships. Instead, it proposes the creation of “open category” races for transgender athletes, alongside traditional men’s and women’s categories.
World Aquatics expressed satisfaction with the CAS decision, describing it as “a major step forward in our efforts to protect women’s sport.” The federation emphasized its commitment to 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,” the statement read. “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.”
The CAS ruling specifically addressed Thomas’s eligibility to challenge the policy, not the legitimacy of the policy itself. The decision noted that the panel first considered her eligibility as a “bifurcated issue,” following a request from World Aquatics, despite Thomas’s objections. The panel ultimately sided with World Aquatics, denying Thomas’s standing to pursue the challenge.
Thomas made history in 2022 as the first openly transgender athlete to win an NCAA championship at the Division I level while competing for the University of Pennsylvania. Her case has drawn significant attention and debate regarding the inclusion of transgender athletes in competitive sports. This latest ruling marks a pivotal moment in the ongoing discourse about fairness and inclusivity in the world of sports.
