The Court of Arbitration for Sport (CAS) has found that transgender Lia Thomas remains ineligible to compete in elite events as defined by the USA Swimming Policy.
The decision stated:
“She is currently only entitled to compete in USA Swimming events that do not qualify as ‘Elite Events'”
World Aquatics has been quoted in saying that this is “a major step forward in our efforts to protect women’s sport”.
However, notably, this CAS decision did not actually consider or determine the substantive issue of whether the World Aquatics policy on the eligibility for men’s and women’s competition categories were discriminatory or invalid.
This is because firstly the CAS was required to consider a preliminary issue as to whether Thomas had standing to challenge the policy and requirements in the proceedings on foot.
The CAS stated that in their view, unless and until an athlete is registered for a World Aquatics competition by their member federation, the policy and requirements of World Aquatics have no impact on that athlete and are simply not triggered. They concluded that they would only be triggered when an athlete is entitled to compete in a World Aquatics competition (which occurs on registration with World Aquatics prior to a competition) or sets a performance that leads to a request for registration as a world record.
As Thomas had neither set a world record nor had she applied for or been granted the right to participate in “Elite Events” within the meaning of the USA Swimming Policy, the CAS formed the view that she was not sufficiently affected by the provisions that she sought to challenge and therefore lacked standing.
Her case was therefore dismissed.
For the time being, Lia Thomas won’t be going to the Olympics or competing in USA elite women’s events.
