American swimmer Lia Thomas, recognized for being the first transgender champion in NCAA Division I history, has lost its legal battle against World Aquatics. The decision of the Court of Arbitration for Sport (CAS) prevents Thomas from competing in the next Paris Olympic Gameswhich will be held starting July 26, 2024. This ruling adds to the series of obstacles that the athlete has faced since World Aquatics restricted the participation of transgender athletes in elite women’s competitions.
In March 2022, Thomas achieved fame by winning the university degree of the 500 yards (457 meters) under the NCAA; but then the international organization, then known as FINE (now World Aquatics), voted to limit the participation of transgender swimmers. The policy states that anyone past part of male puberty cannot compete in the elite female category.
The 25-year-old athlete filed an appeal with the CAS in January of this year, arguing that the restrictions are not only “invalid and illegal” but also discriminatory. Her legal team alleged that these measures violate the Olympic charter and the constitution of World Aquatics. However, the Swiss-based court dismissed the appeal. The ruling stated that “since the Athlete does not have the right to participate in an ‘Elite Event’ within the meaning of the US Swimming Policy, much less compete in a WA competition… he simply does not has the right to participate in eligibility to compete in WA competitions.”
World Aquatics expressed its satisfaction with the decision. A spokesperson for the organization commented: “We welcome the recent decision made by the CAS in relation to the Lia Thomas case, which we believe is a great step forward in our efforts to protect women’s sport.” The entity remains committed to working with all parties to ensure inclusion in aquatic sports.
This is not the first time World Aquatics has tried to address inclusion. In 2022, the organization took the initiative to create a separate category for transgender and non-binary swimmers at the World Cup in Berlin. However, this debut was suspended due to the lack of participants.
The CAS ruling has generated widespread debate about inclusion policies and the balance necessary to protect equity in women’s sports. Thomas’ defenders argue that these restrictions are discriminatory and do not reflect the values of inclusion promoted by the International Olympic Committee. On the other hand, World Aquatics and other sporting bodies maintain that these policies are necessary to maintain fair competition. Recently, the body announced: “We remain committed to working collaboratively with all stakeholders to uphold the principles of inclusion in aquatics and are confident that our gender inclusion policy represents a fair approach.”
