Trans Swimmer Lia Thomas Loses Legal Case to Compete in Olympics

Facts

• Lia Thomas will not be allowed to compete at next month's Paris Olympics after the Court of Arbitration for Sport dismissed the American swimmer's request to overturn a ban on transgender athletes from competing in elite women's competitions.¹
• In 2022, World Aquatics, swimming's governing body, banned anyone who hadn't completed their transition by 12 or had undergone 'any part of male puberty' from competing in women's races.²
• The ban was introduced several months after Thomas beat Olympic silver medalist Emma Weyant by 1.75 seconds to become the first transgender athlete to win an NCAA college title.³
• Earlier this year, Thomas filed a legal case against World Aquatics, arguing the ban was invalid, unlawful, and discriminatory.⁴
• However, the arbitrators determined that the suit 'lacks standing' to challenge the ban, siding with World Aquatics' defense that Thomas hadn't competed in women's races 'for the purpose of qualification or selection' for elite competitions.⁵
• In August 2023, World Aquatics created an 'open' category for 'all sex and gender identities' — who don't meet the criteria for men's or women's categories — to compete in elite women's aquatics competitions.⁶

Sources: ¹New York Times, ²Daily Mail, ³Guardian, ⁴Reuters, ⁵BostonGlobe.com and ⁶CNN.

Narratives

• Right narrative, as provided by New York Post. This case was thrown out not because it concerned the legitimacy of the ban but because Thomas wasn't eligible to dispute it. World Aquatics is committed to promoting inclusivity and celebrating diversity, which is why it introduced a separate category so swimmers can compete without barriers. While one can ignore Thomas' transition out of the pool, it's unfair not to acknowledge the swimmer's physical advantage — in endurance, speed, and lung size even after reduced testosterone levels — inside of it.
• Left narrative, as provided by Newsweek. This is a sad day for sports. By denying Thomas' request to overturn a ban that further alienates transgender sportspersons, increases invasive testing that hurts all women athletes, and is contrary to the Olympic charter and the World Aquatics constitution, the court has added to the discrimination trans people face and given credence to right-wing claims — which aren't backed by any direct or consistent research — that transgender athletes have an unfair advantage over their cisgender peers.

Predictions