World Aquatics banned transgender swimmers from the elite female category if they had undergone any part of male puberty following Thomas's NCAA win in 2022, an intervention which ended Thomas's hopes of ever competing in women's swimming events at the Olympics.
Thomas responded by lodging a legal challenge with Cas in September of last year, arguing that the rules were "invalid and unlawful" because they were discriminatory and contrary to the Olympic Charter and European Convention of Human Rights.
Cas, however, has dismissed the case after concluding that the rules applied only to World Aquatics elite events or world records, and otherwise had "no impact" on athletes.
World Aquatics said that Thomas lacked the legal standing to challenge its policy because she was not a member of USA Swimming when she launched proceedings and had not competed to a standard that would have qualified for her international selection in World Aquatics events. It argued, therefore, that she was not affected by the rules.
The hearing, then, had focused on the question of whether Thomas had the right to challenge the rules, rather than whether the actual transgender policy is unlawful and discriminatory. The precedent, then, is that any transgender athlete who launches a similar legal challenge must be able to demonstrate that they are directly affected by the policy. The British transgender cyclist Emily Bridges has also threatened to challenge the policy in her sport after both British Cycling and the global governing body, the Union Cycliste International, produced new rules which excluded transgender women from the female category.
She also told ESPN: "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 had previously been ranked just 65th over the same 500 yard distance in the NCAA division one's male category.
Opposition to her racing in women's events has been led in the US by rival swimmer Riley Gaines, with whom Thomas tied for fifth place in the 200 yards freestyle in Atlanta.
World Aquatics said that the decision was "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," it added.
Via The Telegraph
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