In 2024, the transgender swimmer Lia Thomas lost a crucial legal battle against World Aquatics, the governing body of swimming, leaving without the possibility of competing in the Paris Olympic Games. The Sports Arbitration Court (TAS) dismissed its appeal in June, arguing that Thomas, 25, had no right to dispute eligibility for elite events, since he is not an active member of the USA Swimming. This decision, held by World Aquatics as a “great step forward” to protect women’s sport, reinforces the rules of 2022 that prohibit people who have passed through any stage of male puberty compete in female categories. The ruling has fueled a global debate about equity, inclusion and integrity of female sports.
Thomas, who in 2022 became the first transgender athlete to win an NCAA title in the 500 meters free, argued that World Aquatics rules were discriminatory and raped the Olympic letter. His legal team, led by Carlos Sayao, said that policies were not only unfair, but also harmed trans women, who face high levels of discrimination. However, the TAS maintained that Thomas did not meet the requirements to challenge the regulations, limiting it to non -elite competitions in the USA Swimming. This resolution is excluded from events such as Olympic, World Cups or World Cups, marking a significant setback in your career.
The case of Thomas has polarized opinions. On the one hand, defenders of transgender rights consider the decision a decline for inclusion, arguing that World Aquatics restrictions impose unsurchanging barriers for trans athletes. On the other, those who support the rules, including World Aquatics and figures such as former Olympic nader Nancy Hogshead-Makar, argue that biological differences, such as muscle mass and bone density developed during male puberty, grant unfair competitive advantages. Studies cited by the Valencia Bioethics Observatory support this position, noting that testosterone suppression does not completely eliminate physical superiority.
World Aquatics has tried to balance inclusion and equity creating an “open” category for transgender athletes, but its debut in the Berlin World Cup in 2023 was canceled due to lack of inscriptions. This initiative, also adopted by the International Cycling Union and World Athletics, seeks to offer a competitive space without compromising female categories. However, low participation suggests challenges for its implementation.
The fault of the TAS has been applauded by movements such as “Save Women’s Sports”, which advocate the preservation of categories based on biological sex. Meanwhile, the ethical debate continues: how to reconcile sports justice with the rights of trans athletes? As Paris 2024 approaches, the decision reaffirms the commitment of World Aquatics with equity, but also highlights the need for solutions that respect all parties in sport.
