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FINA’s new rule bans transgender athletes like Lia Thomas from women’s swimming

They consulted with three different groups and then took a vote, but is their decision correct? More importantly does it protect the sport and those who compete in it?

FINA’s new rule bans transgender athletes like Lia Thomas from women’s swimming
JOSEPH PREZIOSOAFP

In what is sure to be a controversial move, the world’s governing body of swimming has taken a definitive stance where transgender athletes in women’s competition are concerned.

FINA passes new rule that affects transgender athletes

According to reports, as of Monday 20th of June 2022, a new regulation passed by FINA, world swimming’s governing body, will prohibit any transgender athlete from participating in women’s competitions unless they completed transition before the age of 12. The news comes after an internal vote saw 71.5% in favor of the new resolution.

The news of course only adds further context to the already intense controversy surrounding the advantage that some believe transgender women have over biological women. Seen as a threat to the integrity of women’s sports, FINA has called for a change in policy and with that has placed the focus squarely on the testosterone levels of transgender women and more specifically, the time it takes for the anticipated alterations in muscle mass, strength and force to occur. Further to that the IOC has also stated that evidence must be provided as to where and when an advantage in performance occurs.

Is there a middle ground for FINA and transgender athletes?

Though there is certain to be a considerable amount of backlash, it’s interesting to note that while the new policy bars transgender women from elite competition, it simultaneously calls for the creation of an “open competition” category, in which transgender women who are not affected by the criteria could compete. When considering the case of Lia Thomas who won the NCAA swimming championship in the 500-yard freestyle in March and the scrutiny that followed, one can at the least follow the organization’s line of thinking. “No one quite knows how this is going to work. And we need to include a lot of different people, including transgender athletes, to work out how it would work,” James Pearce, spokesman for FINA president Husain Al-Musallam said “So there are no details of how that would work. The open category is something that will start being discussed tomorrow.” To be clear under FINA’s new regulations, Thomas will be unable to compete in any official women’s competition.

The FINA vote and its context

What’s important to understand here is that FINA’s vote was not a knee jerk reaction. The decision came following numerous presentations made by three specialist groups: an athlete group, a collection of scientific and medical professionals and experts from the field of law and human rights. It was only after an extensive process involving the aforementioned trio that a move was made. It should be said that the process itself began last November when the International Olympic Committee offered new recommendations regarding transgender women in athletic competition.