The Court of Arbitration for Sport (CAS) tossed a challenge from male swimmer Lia Thomas against World Aquatics and its rule that bans him from competing against females in elite races.
The World Aquatics rule bans males from female categories if they have gone through male puberty.
However, the court did not rule based on Thomas’s “gender identity.”
The court based its decision on Thomas’s lack of membership in U.S. swimming.
The Guardian wrote that the court concluded Thomas is “simply not entitled to engage with eligibility to compete in WA competitions” since he is not a member of U.S. swimming:
While it is understood that World Aquatics was prepared to argue the merits of the scientific evidence at Cas, the hearing solely focused on whether Thomas, who is no longer a member of US swimming, was allowed to challenge its rules.On Wednesday it ruled that Thomas had no standing to sue World Aquatics’ transgender policy, with a key paragraph stating: “The panel concludes that since the Athlete is not entitled to participate in ‘Elite Event’ within the meaning of USA Swimming Policy, let alone to compete in a WA competition, which occurs upon registration with WA prior to a competition or upon setting a performance which leads to a request for registration as WA world record, she is simply not entitled to engage with eligibility to compete in WA competitions.“The policy and the operational requirements are simply not triggered by her current status.”
However, World Aquatics celebrated the decision, describing it as “a major step forward in our efforts to protect women’s sport.”
Males can compete in female categories in the Olympics only if the sport’s governing body allows it.
The move is obviously a way for the Olympics to pass the buck because the organization obviously wouldn’t mind having males in female sports.
The IOC instructed the media how to avoid “problematic language” when reporting on the games.
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