Transgender swimmer sues International Swimming Federation

American swimmer Lia Thomas, the first transgender athlete to win an NCAA swimming title, is taking legal action in an effort to return to professional women’s competition, including the Olympics.

Transgender swimmer Lia Thomas. Photo: Yahoo Sport

Lia Thomas has been unable to compete in professional swimming since the International Swimming Federation (FINA) implemented new rules in 2022 that barred athletes who had gone through “any stage of male puberty” from competing in women’s competitions. Previously, transgender athletes could compete if they had reduced their testosterone levels.

In a scientific paper explaining its decision, FINA said swimmers like Thomas retain significant physical advantages including endurance, strength, speed and lung size after going through male puberty despite having their testosterone levels reduced through medication.

Thomas, who was an average swimmer in men’s competitions before his transition, has hired Canadian law firm Tyr to take his case to the Court of Arbitration for Sport in Switzerland. However, because he is not yet registered with USA Swimming, it is unlikely that the case will be heard before the Paris Olympics.

The Daily Telegraph said the move was the latest twist in a bitter debate between those who believe fairness and safety in women’s sport are paramount and those who favour the selection of transgender athletes.

In a statement on January 25, FINA CEO Brent Nowicki defended the policy banning transgender athletes from competing in events that differ from their gender identity, arguing that the rule was developed and implemented based on advice from leading medical and legal experts as well as careful consultation with athletes.