USA Swimming released a new policy regarding trans inclusion on Tuesday, drawing criticism from LGBTQ2S+ advocates who consider the new guidelines discriminatory.
The U.S. national governing body of competitive swimming’s new policy changes increase requirements for testosterone suppression among trans female athletes and subject trans athletes to review by a panel of three independent medical experts. Previously, trans female swimmers were asked to suppress their testosterone levels for one year; now, three will be the standard.
It is unclear who the panel of experts are, how they will be selected or what qualifications they need to determine if trans athletes are allowed to participate.
“USA Swimming has and will continue to champion gender equity and the inclusivity of all cisgender and transgender women and their rights to participate in sport, while also fervently supporting competitive equity at elite levels of competition,” the organization said in a written statement.
The new policy received swift backlash from LGBTQ2S+ advocates who argue the new rules subject trans athletes to burdensome restrictions that may stop many from participating altogether. The Human Rights Campaign (HRC) condemned both USA Swimming and a recent decision by the National Collegiate Athletic Association (NCAA) to eliminate non-discrimination protections for trans athletes.
“In what seems to be a last-minute policy change, USA Swimming and the NCAA are changing the rules in the middle of the season for athletes who have worked hard, followed the rules, and just want to swim,” said Joni Madison, the HRC’s interim president, in a Wednesday press release. “We urge the NCAA to rethink its role in ensuring fairness for all student athletes—including transgender women.”
The LGBTQ2S+ non-profit Athlete Ally also criticized the requirement that trans women maintain testosterone levels below five nanomoles per litre (nm/L). The organization cited a framework adopted by the International Olympic Committee late last year, which concluded that there isn’t enough evidence to determine whether this rule is an effective way of determining eligibility.
“Every college athlete deserves to be safe, welcome and included in their sport, and it is the role of the NCAA to ensure that safety and protection,” said Anne Lieberman, Athlete Ally’s director of policy and programs, in a Wednesday press release. “By defaulting to a sport-by-sport model and failing to safeguard athletes against discrimination, transgender athletes… are forced to the sidelines simply because of who they are.”
The decision by USA Swimming follows the release of a new constitution from the NCAA on Jan. 19 rolling back inclusion guidelines for trans athletes. While the NCAA technically regulates competition and eligibility requirements among its member schools, it will now defer to governing bodies like USA Swimming in determining policy.
Many collegiate sporting associations do not have their own guidelines for trans inclusion, however, creating confusion as to whether trans athletes will be allowed to participate.
Controversy around trans inclusion in sports is not new. After protesters lobbied against the 2020 Olympics for allowing trans weightlifter Laurel Hubbard to compete in the women’s bracket last year, trans swimmer Lia Thomas faced criticism after the University of Pennsylvania athlete set multiple NCAA records this season. This is Thomas’ first year of competing in accordance with her gender identity after having previously been in the men’s division.
After eight GOP-led U.S. states passed laws limiting trans participation in sport last year, Thomas has become a frequent target of right-wing hate. The conservative network Fox News aired 32 segments on Thomas over a six-week period in which they misgendered her and attacked gender-affirming health care, according to the progressive watchdog Media Matters.
Thomas has spoken openly about her transition journey in spite of the backlash. In a December interview, she said that swimming on the Penn men’s team ultimately led her to come out, as it took a toll on her mental health.
“There was a lot of unease about basically just feeling trapped in my body, like it didn’t align,” she told the sports publication SwimSwam.
She began her transition in 2019, and has reportedly spent over two and a half years on hormone replacement therapy. She was cleared to compete on the women’s team in 2020 after following the NCAA guidelines and completing her first year of testosterone suppression. Thomas’ decision to compete in the 2021-2022 season came after she took a year off when the previous season was canceled due to COVID-19.
“I decided I didn’t want to take any risks with my last year of eligibility, especially given how important it is to me to be able to compete and swim as my authentic self,” she said. “I’m just thrilled to be able to continue to swim.”
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