Lia Thomas begins legal battle to start competitively swimming again
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Transgender competitive swimmer Lia Thomas has taken legal action to challenge the ban on trans competitors imposed by World Aquatics. Thomas, who hasn’t swum since 2022, has recruited the help of Canadian law firm Tyr to challenge the ban in Switzerland’s Court of Arbitration for Sport. The ban, which was put in place by World Aquatics in 2022, prohibits individuals who have experienced “any part of male puberty” from competing in the female category.
Carlos Sayao, Thomas’s lawyer, has condemned the ban as “discriminatory,” stating that it causes “profound harm to trans women.” Sayao argues that Thomas is bringing the case not only for herself but also for other trans women, in order to ensure that any rules regarding trans women’s participation in sports are fair, proportionate, and grounded in human rights and science.
World Aquatics implemented the ban three months after Thomas became the first trans woman ever to earn a national title in swimming. Thomas, who was then a University of Pennsylvania swimmer, controversially won the women’s 500-yard freestyle at the NCAA championships in Atlanta. She had begun transitioning fewer than three years prior to her win and had previously competed on the university’s men’s swim team. Thomas maintains that she transitioned to be true to herself and not to gain a competitive advantage.
World Aquatics justified its ban on trans women by citing a scientific policy document that concluded trans women retain physical advantages acquired during puberty, such as increased muscle mass and lung size, even if they reduce their testosterone levels through medication.
While World Aquatics created an “open category” to accommodate trans female competitors, Thomas and other trans swimmers argue that this category does not make them eligible for higher levels of competition. For example, the Olympics only have men’s and women’s swimming categories, with no “open” category available. Therefore, even if Thomas performs well in the open category, her records there would not help her advance to the Olympics.
Thomas expressed her desire to swim at Olympic trials in an interview with Good Morning America in May 2022. However, with so few swimmers applying for World Aquatics’ open category, the category was canceled due to lack of interest in the upcoming Swimming World Cup event in Berlin. World Aquatics responded to the cancellation by stating that they would consider including open category races at masters events in the future, despite the current lack of demand at the elite level.
Sports journalist and Fair Play author Katie Barnes argues that the number of out trans athletes competing at the elite level is so small that maintaining open categories is unrealistic. World Aquatics, however, remains confident that its gender inclusion policy is fair and is committed to protecting women’s sport.
Thomas’s case against World Aquatics is now being heard in Switzerland’s Court of Arbitration for Sport. The outcome of this legal battle will have significant implications for trans athletes and the future of transgender inclusion in sports.
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