Transgender Swimmer Lia Thomas Loses Legal Battle And Banned From Olympics
Lia Thomas, the U.S. swimmer who gained global attention in March 2022 by becoming the first transgender athlete to win an NCAA college title, has lost her legal case against World Aquatics at the Court of Arbitration for Sport (CAS).
Lia Thomas - pic by Rich von Biberstein/Icon Sportswire via Getty Images |
This loss destroys her hopes of competing in the upcoming Paris Olympics. The 25-year-old remains banned from participating in the female category due to rules introduced by swimming's governing body in 2022, which prohibit anyone who has undergone "any part of male puberty" from competing in women's events.
Thomas had argued that these rules should be declared "invalid and unlawful" as they conflicted with the Olympic charter and the World Aquatics constitution. However, in a 24-page decision, the court concluded that Thomas was "simply not entitled to engage with eligibility to compete in WA competitions" since she was no longer a member of USA Swimming.
The news was accepted by World Aquatics, which hailed the decision as "a major step forward in our efforts to protect women’s sport." The organization highlighted its dedication to promoting fairness, respect, and equal opportunities for athletes of all genders and reaffirmed its pledge to this commitment.
World Aquatics introduced the new rules after Thomas won the women's 500-yard freestyle at the NCAA championships in 2022, defeating Olympic silver medalist Emma Weyant by 1.75 seconds.
Lia Thomas. PHOTO: HUNTER MARTIN/GETTY |
In a scientific document supporting its decision, World Aquatics stated that swimmers like Thomas had significant physical advantages in endurance, power, speed, strength, and lung size from undergoing male puberty, even after reducing their testosterone levels through medication.
While World Aquatics was prepared to argue the merits of the scientific evidence at CAS. But the hearing focused exclusively on whether Thomas, who is no longer a member of USA Swimming, had the right to challenge the rules.
The ruling concluded that Thomas had no standing to sue World Aquatics' transgender policy. A key paragraph stated: "The panel concludes that since the Athlete is not entitled to participate in ‘Elite Event’ within the meaning of USA Swimming Policy, let alone to compete in a WA competition, which occurs upon registration with WA prior to a competition or upon setting a performance which leads to a request for registration as WA world record, she is simply not entitled to engage with eligibility to compete in WA competitions. The policy and the operational requirements are simply not triggered by her current status."
World Aquatics insists it is seeking to be inclusive and has introduced an "open" category for transgender swimmers. However, plans to debut this category at the Berlin World Cup last October were canceled after no entries were received for any of the 50m and 100m races across all strokes, which were due to take place alongside male and female races.
Lia Thomas Photo by Penn Athletics |
Thomas labeled the decision as "deeply disappointing," adding: "Blanket bans preventing trans women from competing are discriminatory and deprive us of valuable athletic opportunities that are central to our identities."
Following her NCAA win in 2022, Florida Governor Ron DeSantis did not acknowledge her win, instead signing a declaration to say that runner-up Emma Weyant was the rightful winner, criticizing the association for letting her compete at all.
When the case started, World Aquatics argued that the case had no basis anyway, as Thomas was not a member of the USA Swimming Federation at the time. She also hadn't competed in female events for the sole reason of qualifying or being selected for World Aquatics competitions, the organization claimed.
In their final ruling, the CAS stated: “The panel concludes that she lacks standing to challenge the policy."
Following this decision, World Aquatics agreed with the ruling, saying: “We believe it is a major step forward in our efforts to protect women’s sport.”
Hudson Taylor, founder of Athlete Ally, a nonprofit LGBTQ athletic advocacy group in the US, responded to the ruling, saying: "It is a sad day for sports and for anyone who believes that trans athletes should have the opportunity for their experiences of discrimination to be heard and adjudicated like everyone else."