The US swimmer Lia Thomas, who rose to global prominence after becoming the first transgender athlete to win a NCAA college title in March 2022, has lost a legal case against World Aquatics at the court of arbitration for sport – and with it any hopes of making next month’s Paris Olympics.

The 25-year-old also remains barred from swimming in the female category after failing to overturn rules introduced by swimming’s governing body in the summer of 2022, which prohibit anyone who has undergone “any part of male puberty” from the female category.

Thomas had argued that those rules should be declared “invalid and unlawful” as they were contrary to the Olympic charter and the World Aquatics constitution.

However, in a 24-page decision, the court concluded that Thomas was “simply not entitled to engage with eligibility to compete in WA competitions” as someone who was no longer a member of US swimming.

The news was welcomed by World Aquatics, who hailed it as “a major step forward in our efforts to protect women’s sport”.

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Because athletic associations decided long ago to segregate athletics by sex to account for this average difference, even though some women are taller and stronger than men.

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So it’s just a ban on trans women from sports, just because with no actual logic or ethical rationale behind it. Even though it is literally not fair, and the justification provided for it is “fairness”. Gotcha.

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It’s literally the most logical and ethical rationale that could be achieved. The ethical and logical rationale is that sexual dimorphism exists, and we understand it quite succinctly.

They are separated by sex, because people are separated by sex characteristics.

Since Gender no longer refers to sex, it only refers to perceived place in society, it has no place being used as a metric for sports.

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Intersex people exist and the variation of people assigned one sex or the other is damn near infinite so no, the assertion that sex is binary is really only ever used to exclude transgender people and intersex people from rights and to assert that there is a biological basis for assigned gender roles. Sex is dimorphic because we choose to describe it that way, we could just as easily have more sexes just by creating more categories based on aspects of human physiology.

And I’m female, so the only ethical rationale would be that I would compete with other people that we consider female.

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Literally the only reason we have a separate category of women’s sports is because, on average, women are physically weaker than men. If both sexes could compete against each other, women would barely exist in elite sports. If that wasn’t the case, there’d be no justification for excluding cis men from women’s sports. After all, being male is “just another advantage” like being tall, right?

On average, cis women are physically weaker than trans women also, and so the same logic applies.

The only equitable solution I can see is a third category of trans sports, where trans people compete against each other

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So any woman stronger than the average for women ought to also be excluded then? Again, why is it specific that trans women be excluded?

There are not and likely will not be anywhere near enough trans people to occupy a single category at a single event. Refusing to allow trans women to compete as women, like every other woman, is a de facto ban on transgender women participating in sporting events. Transgender women are women, just like tall women are women and women with large lung capacity are women. Why should trans women be excluded for being above average but other women who are above average shouldn’t be?

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