GOP congressman presses WNBA to define ‘women’ after Enes Kanter Freedom, Royce White ruled ineligible
Congressional Letter Raises Questions About WNBA Eligibility Rules and Player‑Safety Policies
A letter sent by Republican U.S. Representative Marlin Stutzman of Indiana, joined by several other members of Congress, has been released to the public by the sports‑news site OutKick. The letter asks WNBA Commissioner Cathy Engelbert to explain the league’s eligibility rules, clarify how it defines “women,” and describe its policies for dealing with physical play and confrontations with fans. The requests are to be answered by October 16, the same date the letter’s writers set for a response.
Background
Commissioner Engelbert announced on September 4 that she will retire at the end of the 2026 season after more than seven years at the helm of the women’s professional basketball league. The WNBA has already begun searching for a successor. The timing of the letter, written in the lead‑up to her departure, has prompted critics to push for transparency on several controversial issues.
The WNBA’s collective bargaining agreement (CBA) states that “only players who are women are eligible to play in the WNBA,” but the document does not provide a definition of the term. That ambiguity came to the forefront this summer when Indiana Fever guard Sophie Cunningham said that female athletes should not have to compete against biological men. Cunningham’s remarks sparked a debate on the appropriate definition of “women” in a women’s sports league.
The issue escalated further when former NBA players Enes Kanter Freedom and Royce White announced that they identify as women and intend to enter the 2027 WNBA draft. WNBA sources later confirmed that neither Freedom nor White were eligible to be drafted. The letter asks why the league made that determination.
Letter’s Main Requests
The letter, addressed to Engelbert, poses four key questions that the lawmakers want answered by mid‑October:
Definition of “Women” – “How does the WNBA define ‘women’ for purposes of Article XIII, Section 1(a) of its collective bargaining agreement?” The letter notes that the absence of a definition suggests the league has not clarified its own criteria for eligibility.
Eligibility of Freedom and White – “If the WNBA has no definition of ‘women,’ why were Freedom and White deemed ineligible to join the 2027 WNBA draft?” The letter implies that the league’s ruling already signals a distinction in who is considered a woman for play.
Handling of Physical Play – The letter references August 8, when Chicago Sky guard DiJonai Carrington received a Flagrant 2 foul for a hard contact with Sophie Cunningham, and August 12, when Golden State’s Tiffany Hayes was involved in another incident. The lawmakers compare the WNBA’s disciplinary response to the NBA’s suspensions of Draymond Green for repeated physical infractions.
Confrontations with Fans – The letter cites an August 23 incident in which Chicago Sky guard Natasha Cloud confronted Enes Freedom during a game at Wintrust Arena. It contrasts that lack of discipline with a five‑game suspension given to Seattle Storm co‑owner Celeste Keaton for a separate fan confrontation, asking whether the league maintains a consistent policy for players, coaches and team officials who clash with spectators.
In addition to the questions, the letter recalls a prior correspondence in which Stutzman and other Republicans had expressed concerns about player safety and the treatment of star forward Caitlin Clark. Engelbert had responded with a description of the league’s review process and its efforts to create a safe environment for players. The lawmakers argue that the league’s actions have not matched those assurances.
Statements from the Letter
The letter ends with a call to the WNBA’s leadership: “The WNBA has an extraordinary platform and influence.” The writers add, “We urge the League to use that platform responsibly by ensuring that rules are enforced equally to protect the safety of women playing the game and fans in the stands.”
Current Status
The WNBA has not yet responded to the letter. The league’s next commissioner will take office in 2027, after Engelbert’s retirement. Whether the WNBA will provide a clear definition of “women” or explain the eligibility decisions for Freedom and White remains to be seen. The issues raised by Stutzman and his colleagues tap into broader national conversations about gender identity, sports eligibility and player safety—issues that the WNBA’s leadership will need to address as it prepares for the next era of the league.