GOP congressman presses WNBA to define women after Enes Kanter Freedom, Royce White ruled ineligible

Rep. Marlin Stutzman, R-Ind., is pressing WNBA Commissioner Cathy Engelbert for answers about the leagues eligibility rules, including one very basic question: How does the define "women"?

In a follow-up letter to Engelbert obtained by OutKick, the Indiana Republican and other members of Congress question the leagues handling of player safety, fan confrontations and, now, who is actually eligible to play in the WNBA.

The letter comes as Engelbert prepares to leave the league. She announced Sept. 4 that she will retire at the end of 2026 after more than seven years as commissioner, and the WNBA has already begun the process of searching for her successor.

That timing adds another layer to Stutzmans request, which asks Engelbert to answer several questions about league policy before Oct. 16.

The WNBAs collective bargaining agreement says that "only players who are women are eligible to play in the WNBA." But it does not go any further in defining what that means.

That became a bigger issue this summer after Indiana Fever guard Sophie Cunningham said female athletes should not have to compete against biological men.

Former NBA players Enes Kanter Freedom and Royce White later announced that they identified as women and planned to enter the 2027 WNBA Draft, seemingly forcing the league to address the issue directly. League sources later told media outlets that neither man was eligible for the draft.

WNBA COMMISSIONER CATHY ENGELBERT SENDS TRANS INCLUSION MEMO AFTER ENES FREEDOM, ROYCE WHITE ANNOUNCEMENTS

Now Stutzman wants to know why.

"How does the WNBA define women for purposes of Article XIII, Section 1(a) of its collective bargaining agreement?" the lawmakers ask in the letter.

They then follow with: "If the WNBA has no definition of women, why were Freedom and White deemed ineligible to join the 2027 WNBA draft?"

Read the full letter here:

The letter argues that by ruling Freedom and White ineligible, the league has already shown that it recognizes a distinction when deciding who can play.

"As a womens sports league, the WNBA must ensure the League remains exclusively for biological women," the lawmakers wrote. They also cited Cunninghams comments and raised concerns about fairness and player safety.

But the eligibility question is only part of the letter.

Stutzman and other Republican lawmakers previously wrote to Engelbert over concerns about player safety and the treatment of Caitlin Clark. Engelbert responded by outlining the leagues review process and its efforts to create a safe environment for players.

The lawmakers now argue that the leagues actions since then have not matched those