On Sunday, with an overwhelming 71.5% of votes, FINA, the international swimming governing body, banned swimmers’ participation in women’s events who transitioned their gender after age 12.

Whether you agree with this decision or not from a sports, societal, moral, or legal perspective, what’s eminently clear is that FINA’s decision will see a lot of time in court. It seems like a massive waste of resources for swimming’s governing body to pass and defend a policy that may prove indefensible in a court of law.

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