WNBA Commissioner Says Former NBA Players Ineligible, Citing Biological Sex

WNBA Commissioner Cathy Engelbert responded to a congressional inquiry by stating that former NBA players Enes Kanter Freedom and Royce White are ineligible to play in the league because they are "both men." The reply, dated Oct. 16, was sent to Rep. Marlin Stutzman and four other House Republicans who had asked how the league defines "women" under Article XIII, Section 1(a) of its 2026 collective bargaining agreement, which simply says only women may compete.

Engelbert did not offer a new eligibility rule or a broader policy on transgender athletes. She affirmed that the league applies its rules and disciplinary processes consistently for all participants and that spectators must follow the WNBA’s code of conduct.

"The WNBA has just taken the first step in defining what a woman is for the sports community," Rep. Stutzman said, adding that the league’s labeling of Freedom and White as men acknowledges biological reality.

Freedom, who identifies as a woman and plans to enter the 2027 WNBA Draft, criticized the response as lacking a clear definition of "woman" and said the commissioner’s certainty about his eligibility was unfounded.

"Cathy Engelbert cannot clearly define what a woman is, but she's absolutely certain that I'm a man," Freedom told OutKick. "I just want her to respect my identity because I am telling you that I identify as a woman."

The issue follows earlier league discussions on transgender participation and player safety, including a task force of team presidents and general managers that examined related concerns without reaching a definitive definition. The lawmakers also queried the league’s handling of physical play and fan conduct, citing specific incidents involving Chicago Sky guard DiJonai Carrington and others.

Engelbert reiterated that officials enforce rules during games and that the league reviews atypical or overly physical plays afterward, applying disciplinary measures as needed. She also noted that spectators who violate the code of conduct can be ejected.

Freedom indicated he will continue to pursue a roster spot unless the WNBA amends its eligibility language to explicitly reference biological sex.

"If they do not change the rules, they better select me in a WNBA draft in 2027," he said.

The commissioner is slated to retire at the end of 2026, and Freedom suggested that a future successor could resolve the dispute by adding the term "biological" to the eligibility criteria.