Transgender Swimmer Fails to Challenge Ban on Male Athletes in Elite Women’s Sports

June 12, 2024 TruthUSA

Leading up to the Olympics, Lia Thomas’s bid to compete in elite women’s sports on an international level has been denied.

An international body that resolves disputes in elite sports has ruled against Lia Thomas, a transgender swimmer, in her legal challenge to regulations that prevent individuals who were assigned male at birth from participating in women’s events.

The Court of Arbitration for Sport (CAS) based in Switzerland rejected Lia Thomas’s appeal in January to reverse a decision made by World Aquatics in June 2022, which prohibited transgender swimmers who underwent male puberty from competing in top-tier women’s races.

Prior to the ruling by World Aquatics, male athletes who identified as female could compete if they reduced their testosterone levels. However, after a scientific review revealed that even with lowered testosterone due to medication, male competitors maintained a significant physical advantage over female opponents, the organization altered its stance.

Challenging this policy change, Lia Thomas sought intervention from CAS, arguing that it was illegitimate, unlawful, and discriminatory. She contended that it violated the Olympic charter, the World Aquatics constitution, and international standards regarding human rights and anti-discrimination protections for women.

Nevertheless, the CAS panel disagreed, dashing Lia Thomas’s aspirations of participating in the upcoming Paris Olympics.

In their decision issued on Wednesday, the arbitration panel cited lack of jurisdiction, stating that Lia Thomas lacked legal standing to challenge World Aquatics’ transgender guidelines as she was no longer affiliated with USA Swimming and had not registered for any of World Aquatics’ international competitions.

Reactions

World Aquatics released a statement expressing satisfaction with the CAS ruling.

“World Aquatics is committed to fostering a fair, respectful, and equal environment for athletes of all sexes, reiterating this commitment,” the organization said in a statement shared with select media outlets. “Our policies are continuously assessed to ensure they align with these core principles, leading to the establishment of an open division.”

Riley Gaines, a former collegiate swimmer and current advocate, who competed against Lia Thomas and has been vocal about her opposition to transgender individuals participating in women’s sports, commended the CAS decision.

“Excellent news! Lia Thomas will not be able to compete in women’s events at the Olympics or other elite competitions. He lost his legal battle in the Court of Arbitration for Sport. This victory is for women and girls everywhere,” Ms. Gaines stated.

Hudson Taylor, the founder and executive director of Athlete Ally, an organization advocating for equal sports access regardless of gender identity, issued a statement lamenting the CAS ruling as a “sad day” for both sports and transgender athletes.

“Through dismissing Lia Thomas’s legal challenge against World Aquatics, CAS has denied her basic right to seek redress for actions violating her human rights,” Mr. Taylor declared. “This is a regrettable day for sports and for anyone supporting the notion that transgender athletes should have the right to address instances of discrimination like everyone else.”

Athlete Ally emphasized that the CAS decision focused on jurisdictional matters and did not address World Aquatics’ regulations concerning transgender athletes.

The topic of transgender individuals participating in women’s sports has turned into a contentious issue, sparking debates in educational institutions, corporate settings, and legislative bodies.

Several states and local jurisdictions have enacted laws prohibiting transgender athletes from partaking in school sports, particularly at the K-12 level, with some of these laws facing legal challenges.

Despite legal pushback against certain transgender-related prohibitions, a large majority of Americans assert that athletes should only compete in accordance with their biological sex and not their preferred gender identity.

World Athletics, the governing body for track and field, recently prohibited “biological males transitioning to females” from participating in women’s events at international competitions.

This report includes contributions from The Associated Press.

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