WNBA Commissioner Tells Congress Enes Kanter Freedom, Royce White Are Ineligible as 'Men'

WNBA Commissioner Cathy Engelbert has informed Republican lawmakers that former NBA players Enes Kanter Freedom and Royce White are ineligible to play in the league because they are "both men." Engelbert's statement, dated Oct. 16, directly addressed a Sept. 17 inquiry from Rep. Marlin Stutzman, R-Ind., and four other House Republicans regarding player eligibility and safety.

In her response, Engelbert stated, "With respect to your questions regarding eligibility, only women are eligible to play in the WNBA and the individuals you cite in your letter are both men." The letter did not provide a definition of "women" as requested by the lawmakers, but it did reference Article XIII, Section 1(a) of the league's collective bargaining agreement, which stipulates, "Only players who are women are eligible to play in the WNBA." This provision does not define the term within the eligibility clause.

Stutzman viewed Engelbert's statement as an acknowledgment of a distinction based on biological sex, stating, "The WNBA has just taken the first step in defining what a woman is for the sports community." He added, "By clearly labeling Enes Kanter Freedom and Royce White as men they have acknowledged that identifying as a woman does not change basic human biology."

Kanter Freedom, who along with White had announced plans to enter the 2027 WNBA Draft while identifying as women, expressed that the commissioner's response failed to clarify the WNBA's standards for determining eligibility. "Cathy Engelbert cannot clearly define what a woman is, but she's absolutely certain that I'm a man," Freedom told OutKick. "I mean, how does that make sense? Who gets to decide? Who has the authority to determine whether someone is a woman?"

Freedom stated that he identifies as a woman and believes Engelbert misgendered him. He argued that his pursuit of a WNBA spot is intended to prompt the league to adopt an explicit rule limiting participation to biological females, acknowledging that identifying oneself and competing in sports might involve different considerations. "This is bigger than one basketball player," he said. "I mean, who gets to determine someone's identity? The individual, the commissioner, the medical professional, or a committee or a task force? And who gets to determine eligibility to compete in women's category? So those may be different decisions, but the WNBA needs to explain where it draws the line."

The WNBA had previously formed a task force in August to discuss transgender participation, alongside issues of online abuse directed at players. This group consisted of team presidents and general managers and was part of an existing anti-hate committee. At that time, the league asserted that no immediate eligibility matters were affecting the WNBA and pledged to continue discussions with stakeholders. Freedom questioned how these ongoing discussions align with Engelbert's definitive statement on his and White's eligibility.

The congressional inquiry also extended to the league's handling of player conduct and confrontations with fans. The lawmakers cited specific incidents involving Chicago Sky guard DiJonai Carrington and Indiana Fever guard Sophie Cunningham, as well as a confrontation between Freedom and Sky guard Natasha Cloud during an August game. They sought an explanation for perceived disparities in disciplinary actions, referencing Seattle Storm co-owner Celeste Keaton's suspension following a separate fan confrontation.

Engelbert defended the league's officiating and disciplinary processes, explaining that game rules are enforced by officials and reviewed by WNBA League Basketball Operations for potential discipline. She stated that the league aims for consistent application of rules for all participants and noted that spectators must adhere to the WNBA's code of conduct or face ejection.

Engelbert is scheduled to retire at the end of 2026. Freedom suggested that his successor could resolve the eligibility issue by incorporating the word "biological" next to "female" in league eligibility rules. Freedom stated his intention to continue seeking a place in the WNBA unless its rules are changed, asserting, "I'm asking for consistency... If they do not change the rules, they better select me in a WNBA draft in 2027."