While they banned transgender athletes from competing against women, World Aquatics created an “open” category in which transgender athletes were allowed to compete.
On Wednesday, a panel of judges determined Thomas did not have any standing to challenge the federation’s policy.
They stated that since “for the time being” she is not eligible to compete in events through World Aquatics or USA Swimming, so the policy is not applicable.
“She is currently only entitled to compete in USA Swimming events that do not qualify as ‘Elite Events.’”
The ruling comes days before the U.S. Olympic swimming trials are set to begin.
Through a statement provided by her legal team, Thomas expressed her disappointment.
“Blanket bans preventing trans women from competing are discriminatory and deprive us of valuable athletic opportunities that are central to our identities. The CAS decision should be seen as a call to action to all trans women athletes to continue to fight for our dignity and human rights.”