In a quiet legal move, Lia Thomas, a male-born transgender swimmer who has sparked controversy, is reportedly taking World Aquatics to court.
The aim is to alter the organization's rules to permit her to compete professionally and potentially qualify for the Olympics, as per a report.
Thomas made headlines in 2021 when she joined the University of Pennsylvania womens swim team after asserting her transition to female. She quickly began to accumulate victories on the womens team, culminating in several wins at the 2022 NCAA Swimming Championships. With this achievement, Thomas became the first male-born transgender athlete to win a Division 1 competition.
Prior to joining the UPenn womens team, Thomas competed as a male. However, her performance on the mens swimming team was average, never reaching the top of the national or school rankings.
Thomas's string of victories in women's college swimming ignited an international debate over transgender athletes. Critics argue that it is unjust to allow someone with a physically stronger male body to compete against natural-born women.
Upon graduating at the end of the 2022 swimming season, Thomas found herself unable to compete professionally as a female swimmer. This was due to a rule change by World Aquatics, the governing body for professional swimming competitions, which now prohibits any male who transitioned after puberty from competing in women's categories.
According to the UK Telegraph, Thomas has discreetly initiated a lawsuit against World Aquatics, seeking to overturn its puberty-based rule. This would allow her to compete in women's swimming with the ultimate goal of qualifying for the Olympics.
The Telegraph revealed that Thomas has engaged the Canadian law firm Tyr to represent her in her case against World Aquatics. The case is being pursued in Switzerlands Court of Arbitration for Sport (CAS), which typically conducts its proceedings privately and confidentially.
World Aquatics has reportedly been trying to persuade the court to dismiss the case, arguing that Thomas has not attempted to join USA Swimming and is therefore not affected by the international swimming bodys rules, as she is not a member.
Following her NCAA victory, Thomas expressed her Olympic aspirations to the U.S. media. "Its been a goal of mine to swim at Olympic trials for a very long time, and I would love to see that through, she told Good Morning America in May 2022.
Thomas also clarified that her transition was not motivated by a desire to win swimming competitions, but to find happiness. The biggest misconception, I think, is the reason I transitioned. People will say, Oh, she just transitioned so she would have an advantage, so she could win. I transitioned to be happy, to be true to myself, Thomas told ESPN.
Regardless of whether World Aquatics' rules are overturned, the Telegraph suggested that it seems unlikely Thomas will have time to qualify for the 2028 Olympics.
Carlos Sayao, Thomas's lawyer and a former competitive swimmer himself, criticized World Aquatics' rules as a "trans ban," and told the Telegraph the rule is "discriminary" and has caused "profound harm to trans women."
Trans women are particularly vulnerable in society and they suffer from higher rates of violence, abuse and harassment than cis women, he added, without providing evidence.
"Lia has now had the door closed to her in terms of her future ability to practice her sport and compete at the highest level. Shes bringing the case for herself and other trans women to ensure that any rules for trans womens participation in sport are fair, proportionate and grounded in human rights and in science, Sayao concluded.
World Aquatics, however, stands by its new rules. The World Aquatics policy on gender inclusion, adopted by World Aquatics in June of 2022, was rigorously developed on the basis of advice from leading medical and legal experts, and in careful consultation with athletes, said executive director Brent Nowicki.
World Aquatics remains confident that its gender inclusion policy represents a fair approach and remains absolutely determined to protect womens sport.
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