A challenge made by Lia Thomas, a trans former NCAA swimmer, to reverse the transgender-exclusionary rules for World Aquatics competitions was rejected by the Court of Arbitration for Sport (CAS). The ruling declared Thomas had no legal standing but failed to address her larger concerns regarding whether or not the policies themselves are discriminatory.
The World Aquatics’ rules barred trans women and intersex athletes who went through male puberty from competing in female event categories. Instead, a new open category was created for the last Swimming World Cup, but no one entered it. Thomas filed her case in 2023, citing that these rules were unlawful and went against the Olympic Charter.
Thomas states, “Blanket bans preventing trans women from competing are discriminatory and deprive us of valuable athletic opportunities that are central to our identities.”
The case was dismissed because the CAS deemed Lia Thomas ineligible to compete in World Aquatics’ events, so she was not personally affected by the rules. Since her college graduation in 2022, Thomas had not registered with USA Swimming, nor had she personally applied for any competitive events that would consider her eligible for World Aquatics’ categories. Without being registered or participating in any eligible events, Thomas would not have found herself in a position to be discriminated against.
The CAS is correct in a strictly legal manner. Since Thomas wouldn’t be personally experiencing these policies, she would technically not be facing any discrimination. However, that does not mean her case lacked any merit. Even though Thomas wouldn’t be discriminated against herself, that doesn’t mean that these rules won’t be used to discriminate against trans athletes who will future World Aquatics events.
“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,” Thomas says in a statement following the dismissal.
Others echoed their support for Thomas. Schuyler Bailar, a trans man who formerly swam for Harvard, agreed with Thomas and stated that the narrative that trans women will destroy women’s sports is false. Bailar goes on to say that when organizations like CAS or World Aquatics start to police the definition of womanhood, they “…end up policing trans women as a result.” Sarah Kate Ellis, president of GLAAD, reaffirms that trans women are women, adding, “…all athletes who want to play and follow the rules should have a chance to do so.”
With the case dismissed, the upcoming Summer Olympics hosted in Paris will exclude elite trans swimmers from competing in any official events. Despite this setback, the fight for fair and inclusionary policies for all athletes is far from finished, and it’s important to remain resilient while waiting for change.
