WNBA Commissioner Cathy Engelbert has told Republican lawmakers that former NBA players Enes Kanter Freedom and Royce White are ineligible to play in the league, but her response stopped short of providing the formal definition of “women” that the lawmakers requested.
In a letter dated October 16, Engelbert wrote that “only women are eligible to play in the WNBA” and described Freedom and White as “both men.” The response followed a September inquiry led by Rep. Marlin Stutzman of Indiana, which questioned the league’s eligibility standards, player safety procedures and handling of incidents involving fans.
The letter has renewed debate over how the WNBA interprets its eligibility rules, particularly after Freedom and White announced plans to enter the 2027 WNBA Draft while identifying as women.
What Engelbert Told Congress
The lawmakers asked Engelbert to explain how the WNBA defines the term “women” under Article XIII, Section 1(a) of the league’s 2026 collective bargaining agreement (CBA).
That provision states that only players who are women are eligible to compete in the league, but the cited eligibility language does not provide a specific definition.
Engelbert’s letter said Freedom and White did not meet the requirement. However, it did not announce a new eligibility policy or explain a broader set of standards for determining eligibility.
Stutzman welcomed the response, describing it as a step toward clarifying the distinction between gender identity and eligibility for women’s sports.
Freedom, meanwhile, argued that the commissioner had not answered the central question about the criteria the league uses to determine eligibility.
Enes Kanter Freedom Questions the League’s Standards
Freedom, a former NBA center who has publicly identified as a woman as part of his effort to challenge the WNBA’s rules, said the league should explain the standards behind its decision.
He questioned how Engelbert could make a definitive statement about his eligibility without setting out the definition and process used to reach that conclusion.
Freedom has said his campaign is intended to push the WNBA toward an explicit eligibility requirement based on biological sex. He has also acknowledged that personal identity and eligibility to compete in a particular sports category are separate questions.
The former NBA player has maintained that he intends to pursue the issue unless the league changes its rules. His plans to enter the 2027 draft have become part of a broader debate over transgender participation in women’s professional sports.
How the Dispute Reached Congress
The controversy grew during the 2026 WNBA season, amid public discussion about transgender athletes, player safety and treatment of fans.
Freedom and White announced their intentions to enter the 2027 draft, prompting questions about whether they could meet the league’s eligibility requirements. In August, media outlets reported that league sources considered both players ineligible, although the WNBA had not publicly detailed its reasoning at that time.
The issue also became more prominent after Freedom was ejected from a Chicago Sky game following a verbal confrontation involving Sky guard Natasha Cloud. The Sky subsequently barred him from attending games at Wintrust Arena.
Freedom later filed a lawsuit alleging that his First Amendment rights had been violated. Sky owner Michael Alter disputed his account, saying the decision to remove him was based on his conduct rather than his speech.
The congressional inquiry addressed those incidents alongside the eligibility question, asking the league to explain its policies and enforcement decisions.
WNBA Defends Its Approach to Fouls and Fan Conduct
Eligibility was only one part of the lawmakers’ inquiry. Their letter also raised questions about physical play and how the league handles confrontations between players and spectators.
In her response, Engelbert defended the WNBA’s officiating and disciplinary procedures. She explained that referees enforce rules during games and that the league’s Basketball Operations department reviews game footage afterward, including unusually physical plays that may warrant additional discipline.
Engelbert said the league aims to apply its rules consistently to players, coaches and officials.
On fan conduct, she pointed to the league’s code of conduct, which allows spectators to be removed for violations. She said the WNBA and its teams seek to enforce those standards consistently.
However, her response did not specifically explain the different disciplinary outcomes highlighted by the lawmakers in their letter.
WNBA Eligibility Debate Continues
The league has previously said that it would continue discussions with stakeholders about eligibility and other issues affecting players. In July, the WNBA and its players’ union also said they were working together to address abusive messages and other concerns affecting the league.
The current collective bargaining agreement provides the eligibility language at the center of the dispute, but Engelbert’s October letter did not amend that agreement or establish a new league-wide policy.
The distinction matters: the commissioner’s response states the league’s position on Freedom and White, but it does not provide the broader definition that lawmakers sought.
Engelbert is scheduled to retire at the end of 2026. Her successor will inherit questions about how the league communicates and applies eligibility standards, as well as wider issues involving player safety, fan conduct and the growth of the WNBA.
Freedom says he intends to continue challenging the decision and has called for clearer rules. The league’s next steps will determine whether its current eligibility language receives further clarification or formal revision.
The central question remains how the WNBA will explain and apply its eligibility criteria under the existing collective bargaining agreement.

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