WNBA Commissioner Cathy Engelbert told Republican lawmakers that former NBA players Enes Kanter Freedom and Royce White are ineligible to play in the league because they are “both men,” responding to a congressional inquiry without providing the definition of “female” requested by lawmakers.
“Regarding your questions regarding eligibility, only women are eligible to play in the WNBA and the individuals you cite in your letter are both men,” Engelbert wrote in her Oct. 16 response. The letter, dated October 16, was provided to OutKick by the America First Policy Institute (AFPI), which represents Freedom.
The letter responded to a Sept. 17 inquiry from Rep. Marlin Stutzman, R-Ind., and four other House Republicans regarding eligibility, player safety and confrontations with fans. Freedom and White had announced their intentions to enter the 2027 WNBA draft while maintaining that they identify as women.
CONGRESS GOP SUPPORTS WNBA TO DEFINE ‘WOMEN’ AFTER ENES KANTER’S FREEDOM, ROYCE WHITE DEEMED INELIGIBLE
Former Turkish-American basketball player and human rights activist Enes Kanter Freedom is seen before a game between the Indiana Fever and the Chicago Sky at Wintrust Arena in Chicago, Illinois on August 23, 2026. (IMAGINE IMAGES via Reuters Connect)
Lawmakers questioned how the league defines “women” under Article XIII, Section 1(a) of its collective bargaining agreement, and why the two former NBA players were deemed ineligible. This provision of the 2026 agreement states: “Only women’s players are eligible to play in the WNBA. » It does not define the term in this eligibility provision.
Stutzman welcomed Engelbert’s statement as recognition of a distinction based on biological sex.
“The WNBA has just taken the first step in defining what a woman is for the sports community,” Stutzman said in a statement.
“By clearly labeling Enes Kanter Freedom and Royce White as men, they recognized that identifying as female does not change basic human biology.”
WNBA COMMISSIONER CATHY ENGELBERT SENDS TRANS INCLUSION MEMO AFTER ENES FREEDOM, ROYCE WHITE ANNOUNCEMENTS
WNBA Commissioner Cathy Engelbert speaks ahead of the WNBA basketball draft in New York on April 13, 2026. (Pamela Smith/AP)
Engelbert’s letter did not announce a new eligibility rule or outline a broader policy governing transgender athletes.
Freedom, meanwhile, argued that the response left unanswered the central question of what standards the WNBA applies in deciding who is qualified to compete.
“Cathy Engelbert can’t clearly define what a woman is, but she is absolutely certain that I am a man,” Freedom told OutKick. “I mean, what sense does that make? Who decides? Who has the power to determine if someone is a woman?”
“So if the league is still working on these issues, how can its commissioner be so certain of my eligibility without explaining the standards they apply?” he added.
Asked if he thought Engelbert had misinterpreted him in his letter to Congress, Freedom said, “Yes, 100 percent.”
“I just want her to respect my identity because I tell you I identify as a woman,” he said.
Freedom said her efforts to join the league were aimed at pushing it to adopt an explicit requirement limiting participation to biological females. He acknowledged that determining a person’s identity and determining their eligibility for women’s sports may involve different decisions.
“It’s bigger than one basketball player,” he said. “I mean, who can determine a person’s identity? The individual, the commissioner, the medical professional, or a committee or task force?”
“And who determines eligibility to compete in the women’s category?” he continued. “So they may be different decisions, but the WNBA needs to explain where they draw the line.”
Debate over the league’s eligibility requirements intensified this summer after Indiana Fever guard Sophie Cunningham expressed support for excluding transgender girls and women from women’s sports. His comments drew both support and criticism, including rallies during Fever’s road trips. Some players and coaches have publicly supported transgender inclusion. Freedom pointed to Golden State Valkyries player Gabby Williams’ support of transgender athletes as inspiration for her own efforts to enter the WNBA.
In August, a league task force of team presidents and general managers discussed transgender participation as well as online abuse directed at players. The task force was an existing anti-hate committee, rather than one created solely to determine electability.
At the time, the league said there was no immediate eligibility issue affecting the WNBA and condemned attempts to use the topic to demean or marginalize others. He said discussions with league stakeholders would continue in the coming weeks and months.
Freedom questioned how the ongoing discussions within the league fit with Engelbert’s definitive statement about him and White.
“So what about the task force?” he said. “If the working group itself has not arrived at a clear definition, why is the commissioner making such a definitive statement?”
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Eligibility was only one aspect of lawmakers’ investigation. Their September letter also questioned the league’s response to physical play, including incidents involving Chicago Sky guard DiJonai Carrington and Cunningham, and sought an explanation for its handling of confrontations between players and spectators.
In his response, Engelbert defended the league’s arbitration and disciplinary processes. She said officials enforce the rules during games, while WNBA League basketball operations review games afterward, including any atypical or overly physical plays. The league can then improve the fouls or impose discipline.
“In all cases, the League seeks to apply its relevant disciplinary rules and processes consistently to all players, coaches and officials,” Engelbert wrote.
Regarding fan conduct, the commissioner said spectators must follow the WNBA’s code of conduct and can be ejected for violations. She said the league and its teams seek to enforce this code consistently.
Lawmakers had specifically cited Sky guard Natasha Cloud’s confrontation with Freedom during an Aug. 23 game against the Fever at Wintrust Arena. They questioned why Cloud wasn’t punished while Seattle Storm co-owner Celeste Keaton received a five-game suspension following a separate confrontation with fans.
Engelbert’s response did not specifically explain the different outcomes involving Cloud and Keaton.
Freedom was ejected from the Chicago game and subsequently banned from Sky’s home games at Wintrust Arena. He then filed a lawsuit, alleging that his First Amendment rights had been violated. Sky owner Michael Alter disputed this account, saying security removed Freedom because of his conduct rather than his speech.
Stutzman said he continues to have concerns beyond the question of eligibility. The national anthem became another point of criticism during the WNBA Finals. Players from the Atlanta Dream and Golden State Valkyries left the field before the anthem in the first two games and returned after it was over.
“While this is a step in the right direction, the WNBA’s alarming lack of respect for its fans and our national anthem must be corrected,” he said.
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Engelbert concluded his letter by saying the league would continue to work to protect players and staff, including combating hate and vitriol directed at players online and on social media.
The commissioner is expected to retire at the end of 2026, following an announcement in September. Freedom said his successor could resolve his eligibility challenge by making the restriction he wants explicit.
“We’re adding the word biological next to the word female, this whole thing will end the next day,” Freedom said, describing the announcement he wants the next commissioner to make. “I’ll walk until the sun sets. They’ll never hear from me again.”
Eligibility terms are part of the agreement negotiated between the WNBA and its players union. Engelbert’s letter did not announce any amendments to this agreement.
Freedom has stated that it intends to continue seeking a place in the league unless its rules change.
“I ask for consistency,” he said. “I spent 11 years playing in the NBA. I understand, you know, professional basketball very well.”
“If they don’t change the rules, they better select me in a WNBA draft in 2027,” he added.
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“You can’t answer an eligibility question just by stating who someone is,” Freedom said. “You have to explain the policy you are applying.”
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