Transgender swimmer Lia Thomas asks CAS to end race ban rules

LAUSANNE, Switzerland — Transgender swimmer Lia Thomas has asked a Swiss sports court to overturn rules imposed by World Aquatics that prevent her from competing in elite women's races, calling them discriminatory.

The Court of Arbitration for Sport said Friday it had registered Thomas' request, but no hearing date has been set. Confidentiality around a case that began in September was lifted after it was reported in British media.

“Ms. Thomas requests an order from the CAS declaring that the [World Aquatics rules] are illegal, invalid and without force or effect,” said the court based in Lausanne, the Olympic city.

World Aquatics agreed to rules in June 2022 banning transgender women who have reached male puberty from competing in women's races. It also created an “open” category for which transgender athletes would be eligible.

Other Olympic sports bodies, including track and field and cycling, have since adopted similar rules, which their supporters say recognize the physical benefits of male puberty that athletes retain long-term after transitioning.

The swimming rules were agreed upon months after Thomas, then a student at the University of Pennsylvania, won a national college title in the 500-yard freestyle. Thomas's results in the women's races exceeded his previous results in the men's races.

Although the NCAA championships were held outside of the world swimming system, Thomas said she hopes to one day compete in the U.S. Olympic trials.

“Ms. Thomas recognizes that fair competition is a legitimate sporting goal and that some regulation of transgender women in swimming is appropriate,” the Swiss court said.

“However, Ms Thomas argues that the [rules] are invalid and illegal because they constitute discrimination against him”, declared the CAS, citing “the Olympic Charter, the World Aquatic Sport Constitution and Swiss law, in particular the European Convention on Human Rights and the Convention on the elimination of all forms of discrimination against women.

Thomas argued that “such discrimination cannot be justified as being necessary, reasonable or proportionate to achieve a legitimate sporting objective,” the court said.

CAS cases are generally heard by three judges – chosen by the rival parties and the court itself – who can nevertheless decline jurisdiction.