Transgender swimmer Lia Thomas is unable to participate in the Olympics after her legal effort to challenge a rule change by World Aquatics was unsuccessful.
The 25-year-old American made history as the first openly transgender athlete to secure an NCAA Division I national championship, claiming victory in the women's 500-yard freestyle in 2022.
Subsequent to her victory, World Aquatics implemented a policy prohibiting individuals who had undergone male puberty from competing in women's events. Thomas had begun hormone replacement therapy back in 2019.
This policy came into effect following Thomas's NCAA victory over Olympic silver medalist Emma Weyant in the 2022 women's 500-yard freestyle.
According to the World Aquatics Competition Regulations, which were initially released that year and updated on January 1, 2024, section 5.5 outlines 'Eligibility for the Women's Category'.
Per section 5.5.2, transgender female athletes may compete if they can prove to World Aquatics that they have not undergone any male puberty beyond Tanner Stage 2 or before the age of 12, whichever is later.
The rule specifies that athletes must demonstrate that they either have complete androgen insensitivity, preventing any male puberty, or they are androgen sensitive but had male puberty suppressed beginning at Tanner Stage 2 or before age 12, and have consistently kept their testosterone levels below 2.5 nmol/L in serum (or plasma).
Thomas challenged this rule at the Court of Arbitration for Sport, arguing that the change was discriminatory and unlawful. The verdict by a panel of three judges was delivered on the 12th of June.
The three judges at the Court of Arbitration for Sport rejected Thomas' request for arbitration, stating she did not meet the criteria to challenge her eligibility in World Aquatics (WA) competitions.
This was because she was not a member of USA Swimming, a member federation, when she filed her legal claim.
The judges explained that Thomas had not participated in the required female 'qualification or selection' events for major World Aquatic competitions like the world championships or the Olympics. Her achievements, including her NCAA championship win while swimming for the University of Pennsylvania, occurred outside of the World Aquatics framework.
The panel decided that Thomas did not have the standing needed to contest the policy and its operational demands in the current legal context, as reported by AP News.
In response to the verdict, Thomas and her legal team released a statement via Athlete Ally, expressing deep disappointment: "The CAS decision is deeply disappointing. Blanket bans preventing trans women from competing are discriminatory and deprive us of valuable athletic opportunities that are central to our identities."
"The CAS decision should be seen as a call to action to all trans women athletes to continue to fight for our dignity and human rights."
Hudson Taylor, Founder and Executive Director of Athlete Ally, also commented: "For decades, the International Olympic Committee and almost all Olympic International Federations have required athletes to arbitrate disputes at CAS."
"By dismissing Lia Thomas' legal challenge against World Aquatics, the CAS has denied her fundamental right to access an effective remedy for acts that violate her human rights. This 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."
