Transgender swimmer Lia Thomas this week lost her attempt to challenge current rules that ban her from competing in elite women's races, such as the Olympics.
According to the Associated Press, judges ruled that she not have standing to the bring the case.
The Court of Arbitration for Sport panel of three judges dismissed Thomas' request for arbitration with the World Aquatics governing body.
World Aquatics has banned transgender women who have been through male puberty from competing in women's races. However, the governing body also created an "open" category for which Thomas would be eligible.
Thomas has called the rules, which were approved in 2022, invalid, unlawful and discriminatory.
In a statement released by her legal team, Thomas called the CAS' decision deeply disappointing.
“Blanket bans preventing trans women from competing are discriminatory and deprive us of valuable athletic opportunities that are central to our identities," Thomas said. "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 at Athlete Ally, faulted the process.
“For decades, the International Olympic Committee and almost all Olympic International Federations have required athletes to arbitrate disputes at CAS,” Hudson said. “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.”
Thomas previously swam for the University of Pennsylvania and won an NCAA title in meets that are outside the World Aquatics competitive system, in which she was not registered.
World Aquatics argued to CAS that Thomas was not a member of its federation USA Swimming when the legal case was started. The organization also noted that Thomas had not previously competed in sanctioned femal events “for the purpose of qualification or selection” for World Aquatics competitions, such as the Olympics or world championships.
“The panel concludes that she lacks standing to challenge the policy and the operational requirements in the framework of the present proceeding,” the court said in its ruling.
World Aquatics said it welcomed the CAS decision in a case “we believe is a major step forward in our efforts to protect women’s sport.”
“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 governing body based in Lausanne said in a statement.
