Transgender Swimmer Loses Bid to Overturn Ban on Men in Elite Women’s Sports

By Tom Ozimek,

Ahead of the Olympics, Lia Thomas’s challenge in an international court to access all-women’s sports in elite competitions has been declined.

An international court that arbitrates disputes in elite sports has ruled against transgender swimmer Lia Thomas in a legal challenge to rules preventing female-identifying mature males from competing in women’s events.

Before the World Aquatics decision, female-identifying male athletes could compete as long as they lowered their testosterone levels. But the organization changed course after a scientific panel found that even after taking medication that lowered testosterone, male competitors still had a significant advantage over women.

But the CAS court disagreed, dashing Mr. Thomas’s hopes of make next month’s Paris Olympics.

In a decision issued on June 12, the arbitration panel cited lack of standing, saying that Mr. Thomas had no grounds to sue World Aquatics’ transgender policy because the athlete was no longer a member of USA Swimming and had not been registered to participate in any World Aquatics international competitions.

“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,” the body said in the statement, which was provided to some media outlets. “Our policies and practices are continuously evaluated to ensure they align with these core values, which led to the introduction of our open category.”

“Great news! Lia Thomas won’t be able to compete in women’s category at the Olympics or any other elite competition. He has just lost his legal battle in Court of Arbitration for Sport ruling. This is a victory for women and girls everywhere,” Ms. Gaines wrote.

Hudson Taylor, founder and executive director of Athlete Ally, an organization that advocates “equal access” to sports, regardless of gender identity, issued a statement calling the CAS decision a “sad day” for sports and for transgender athletes.

“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,“ Mr. Taylor said. ”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.”

Athlete Ally noted that the CAS decision did not address the World Aquatics restrictions on transgender athletes but merely ruled on the basis of standing.

A number of states and localities have adopted laws banning transgender-identifying athletes from participating in school sports, most frequently in K–12, with some of these laws facing legal challenges.

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