The WNBA's collective bargaining agreement (CBA) stipulates that only women are eligible to play in the league, yet it does not define the term "woman." Neither the WNBA nor the Women's National Basketball Players Association (WNBPA) responded to inquiries seeking clarification on the league's eligibility standards for transgender athletes.
This lack of definition comes as debates surrounding transgender participation in women's sports continue. Indiana Fever star Caitlin Clark, when asked about teammate Sophie Cunningham's controversial comments regarding biological men competing in women's sports, stated that "leagues and governing bodies" should work with athletes to find solutions.
Article XIII, Section 1(a) of the WNBA's CBA explicitly states, "Only players who are women are eligible to play in the WNBA." However, the 409-page document fails to define "woman" or "women." Terms such as "transgender" and "gender identity" do not appear within the agreement. While the CBA includes detailed definitions for numerous other terms, the crucial definition determining player eligibility is absent.
OutKick/Fox News Digital reportedly submitted five questions to the WNBA concerning its definition of "women," the eligibility of players born male but identifying as women, the existence of policies outside the CBA, the criteria and authority for eligibility determination, and plans to clarify standards in light of Clark's comments. The WNBA did not provide a response by a specified deadline.
Similarly, the WNBPA was asked five questions regarding its interpretation of "women" within the CBA, discussions during collective bargaining about transgender athlete eligibility, the WNBPA's stance on the eligibility of transgender players, knowledge of separate policies, and consultation plans with its membership. The WNBPA also failed to respond.
The silence from both the league and the players' association leaves ambiguity regarding how the WNBA determines eligibility. The league has not publicly clarified whether biological sex, gender identity, or another standard is used. It has also not identified who would make such determinations, what criteria would be applied, or if a distinct policy for transgender players exists beyond the CBA. The agreement also lacks a stated process for enforcing the eligibility rule, including verification procedures or dispute resolution mechanisms.
While the CBA mandates player physical examinations and drug testing for health and performance-related reasons, these provisions do not address the definition or verification of a player's gender identity for eligibility purposes. Without a clear definition or established process, it remains unclear how the WNBA would address potential violations of its women-only eligibility rule.