Lia Thomas, a transgender swimmer, has been dealt a blow by the Court of Arbitration for Sport (CAS) in her challenge against World Aquatics, the global sport governing body for swimming. The challenge was in response to their rules excluding transgender women from competing internationally in the women’s category unless they can prove they have suppressed their testosterone continuously from the age of 12. This rule is known as the “Trans Ban”.
However, the CAS decision does not affirm the Trans Ban, but instead dismissed the case on a preliminary objection by World Aquatics. The CAS determined that Thomas did not have legal standing under Swiss Law to bring her case against World Aquatics. They also noted that the Trans Ban was not triggered in Thomas’ case, as she had not been registered to participate in any World Aquatics international competitions. This decision means that no U.S. trans woman can challenge the World Aquatics Trans Ban, denying them access to justice.
In a statement provided by her legal team, Thomas expressed disappointment in the CAS decision. She called blanket bans preventing trans women from competing discriminatory and stated that they deprive individuals of valuable athletic opportunities that are central to their identities. The outcome of the CAS decision is seen as a call to action for all trans women athletes to continue fighting for their dignity and human rights.
Hudson Taylor, Founder and Executive Director at Athlete Ally, expressed concern over the CAS decision. He noted that for decades, the International Olympic Committee and almost all Olympic International Federations have required athletes to arbitrate disputes at CAS. 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
