Lia Thomas, a transgender swimmer who won a women's NCAA competition in 2022 and has said she has ambitions to compete in the Olympics, has asked the Court of Arbitration for Sport in Switzerland to overturn World Aquatics rules that Discourage transgender women from participating in the women's sections.
CAS, the world's leading court on sporting fairness, confirmed the case in a press release on Friday, saying Thomas had claimed the rules were unlawful and discriminatory. “Such discrimination cannot be justified as necessary, appropriate or proportionate to achieve a legitimate sporting objective,” Thomas argued, CAS said in a statement outlining its position.
The CAS said the arbitration began in September 2023 and that the case was confidential in accordance with applicable procedures. But Thomas and World Aquatics, the governing body for swimming and several other water sports, agreed to the court's disclosure of the case, its statement said. On Thursday, the Telegraph reported that the lawsuit had been filed.
A hearing is not planned.
Canada-based lawyers for Thomas and World Aquatics did not respond to messages seeking comment.
World Aquatics, which sets rules for elite competitions including the Olympics, introduced a new gender policy in June 2022 that will only allow transgender women to compete in women's competitions if they are before the age of 12 or one of the early stages of puberty. This effectively excludes transgender women who have gone through male puberty from participating in women's races.
World Aquatics also introduced an “open” category for athletes not assigned female at birth, but said the division received no entries at the first Swimming World Cup event in Berlin in October.
“World Aquatics remains confident that its gender inclusion policy represents a fair approach and remains absolutely committed to protecting women’s sport,” World Aquatics chief executive Brent Nowicki told The Telegraph on Friday.
Thomas attended the University of Pennsylvania. She began swimming on the men's swimming team in 2017. In May 2019, Thomas began transitioning using hormone replacement therapy. By 2021, Thomas met NCAA hormone therapy requirements to swim on the Penn women's team.
In March 2022, Thomas won the 500-yard freestyle competition at the NCAA Division I national swimming championships, becoming the first openly transgender woman to win a women's collegiate swimming title. “I plan on continuing to swim,” Thomas told “Good Morning America” in May 2022. “It has been a goal of mine for a very long time to swim in the Olympic Trials and I would love to make it happen.”
Swimming is one of many sports implementing policies for transgender athletes amid a broader debate about inclusion and competitive equity. Last year, the athletics and cycling governing bodies decided that transgender women would not be allowed to compete in women's competitions. The International Cycling Union made its decision in July after American Austin Killips became the first openly transgender woman to win one of its cycling events.
(Photo: Mike Comer / NCAA Photos via Getty Images)