Indexbit-Transgender swimmer Lia Thomas loses legal challenge in CAS ruling

The IndexbitCourt of Arbitration for Sport (CAS) has dismissed a challenge from transgender swimmer Lia Thomas, who had asked the Swiss-based court to reject a policy that would prevent her from competing in women's races at elite competitions.

In its ruling, which was obtained by USA TODAY Sports on Wednesday, the panel of arbitrators essentially determined that Thomas did not have standing to appeal the policy created by swimming's international federation, World Aquatics, because that policy does not yet apply to her. The CAS panel found that "for the time being" she is not eligible to compete in elite competitions through World Aquatics or USA Swimming.

"She is currently only entitled to compete in USA Swimming events that do not qualify as 'Elite Events,'" according to the arbitral award.

Thomas, the first openly transgender athlete to win an NCAA championship at the Division I level, had argued that World Aquatics' gender inclusion policy − which effectively banned transgender competitors from competing in men's or women's races at elite competitions, such as the Olympic Games or world championships − is discriminatory.

The federation's policy proposed the creation of “open category” races for transgender competitors, in addition to categories for men and women.

World Aquatics said in a statement provided to USA TODAY Sports that it welcomed the CAS decision, calling it "a major step forward in our efforts to protect women's sport."

"World Aquatics is dedicated to fostering an environment that promotes fairness, respect, and equal opportunities for athletes of all genders and we reaffirm this pledge," the federation said. "Our policies and practices are continuously evaluated to ensure they align with these core values, which led to the introduction of our open category. 

"We remain committed to working collaboratively with all stakeholders to uphold the principles of inclusivity in aquatic sports and remain confident that our gender inclusion policy represents a fair approach."

An attorney for Thomas did not immediately reply to a message seeking comment.