The Court of Arbitration for Sport (CAS) has rejected a challenge by transgender swimmer Leah Thomas, who had asked a Swiss court to overturn a policy that barred her from competing in women’s races at top-level competitions.
In a ruling obtained by USA Today Sports on Wednesday, the arbitration panel essentially ruled that Thomas did not have standing to appeal the policy enacted by World Aquatics, swimming’s international federation, because it did not yet apply to her. The CAS panel determined that “for the time being” Thomas is ineligible to compete at the top level through World Aquatics or USA Swimming.
“She is currently eligible only to compete in USA Swimming events which are not recognized as ‘elite events,'” according to the arbitration ruling.
Thomas, the first openly transgender athlete to win an NCAA Division I title, had argued that FINA’s gender inclusion policy, which effectively bars transgender athletes from competing in men’s or women’s races at elite competitions such as the Olympics and world championships, was discriminatory.
The federation’s policy proposed the creation of “open category” races for transgender athletes, in addition to male and female categories.
In a statement provided to USA Today Sports, World Aquatics welcomed the CAS decision, calling it a “major step forward in our efforts to protect women’s sport.”
“World Aquatics is committed to creating an environment of fairness, respect and equal opportunities for athletes of all genders and reaffirms this commitment,” the federation said. “Our policies and practices are continually evaluated for alignment with these core values, which has led to the introduction of the Open category.”
“We remain committed to working collaboratively with all stakeholders to uphold the principles of inclusivity in aquatic sports and are confident that our gender inclusion policy represents a fair approach.”
An attorney for Thomas did not immediately respond to a message seeking comment.
