GOP Congressman Presses WNBA on Definition of 'Women'

Rep. Marlin Stutzman, R-Ind., has formally asked WNBA Commissioner Cathy Engelbert to define "women" as the league navigates player eligibility. The request, detailed in a follow-up letter to Engelbert obtained by OutKick, stems from the WNBA's decision to deem former NBA players Enes Kanter Freedom and Royce White ineligible for the 2027 WNBA Draft.

Engelbert is set to retire at the end of 2026, and the WNBA has commenced its search for a successor. Stutzman's letter, with a response deadline of Oct. 16, specifically questions the league's handling of player safety, fan interactions, and the criteria for who is eligible to play.

The WNBA's collective bargaining agreement states that "only players who are women are eligible to play in the WNBA," but it does not provide a definition for the term. This ambiguity became a focal point after Indiana Fever guard Sophie Cunningham voiced her opinion that female athletes should not compete against biological men. Subsequently, Kanter Freedom and White announced their identification as women and their intention to enter the 2027 draft, a move that led league sources to confirm their ineligibility.

Stutzman and other lawmakers are demanding an explanation: "How does the WNBA define ‘women’ for purposes of Article XIII, Section 1(a) of its collective bargaining agreement?" they asked. "If the WNBA has no definition of ‘women,’ why were Freedom and White deemed ineligible to join the 2027 WNBA draft?"

The lawmakers argue that the league's action in deeming Kanter Freedom and White ineligible demonstrates an implicit understanding of a distinction in eligibility. They contend that "as a women’s sports league, the WNBA must ensure the League remains exclusively for biological women," citing concerns about fairness and player safety.

This inquiry follows previous correspondence from Stutzman and other Republican lawmakers to Engelbert regarding player safety and the treatment of Caitlin Clark. In response to those earlier concerns, Engelbert had outlined the league's review processes and its commitment to fostering a secure environment for its players.

The letter also points to recent on-court incidents, including a Flagrant 2 foul by Chicago Sky guard DiJonai Carrington on Sophie Cunningham and an incident involving Golden State's Tiffany Hayes. The lawmakers draw a comparison between the WNBA's handling of these situations and the NBA's disciplinary actions against Draymond Green for repeated physical altercations.

Furthermore, the letter addresses player-fan confrontations, referencing an incident between Chicago Sky guard Natasha Cloud and Kanter Freedom. It contrasts the lack of discipline for Cloud with a five-game suspension issued to Seattle Storm co-owner Celeste Keaton for a separate fan confrontation.

The lawmakers are seeking to understand if the WNBA has a consistent policy for addressing verbal altercations between players, coaches, and spectators. They have posed four key questions to Commissioner Engelbert by the Oct. 16 deadline: the league's measures to address repeated physical play, its protocol for fan confrontations, its definition of "women," and the specific reasons for Kanter Freedom and White's ineligibility.

"The WNBA has an extraordinary platform and influence," the lawmakers stated in the letter. "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."