WNBA commissioner tells House Republicans that Royce White and Enes Kanter Freedom are "both men" and ineligible

What the letter says

WNBA Commissioner Cathy Engelbert has told a group of Republican members of Congress that former NBA players Royce White and Enes Kanter Freedom cannot play in the league because they are men, according to a letter dated Oct. 16 that OutKick, a Fox News outlet, reported on Tuesday. ^[1]

Engelbert wrote that only women are eligible and that "the individuals you cite in your letter are both men," OutKick reported. The letter was provided to the outlet by the America First Policy Institute, which represents Kanter Freedom, according to OutKick and The National News Desk. ^{[1] [2]}

The commissioner did not say how the league defines "women," even though the lawmakers had asked her to, according to OutKick, the Washington Examiner and TMZ. OutKick reported that the letter also did not announce a new eligibility rule, a broader transgender policy or any amendment to the collective bargaining agreement the league negotiated with its players' union. ^{[1] [3] [4]}

The congressional inquiry

Engelbert was responding to a Sept. 17 letter from Rep. Marlin Stutzman of Indiana, joined by Reps. Erin Houchin of Indiana, Sheri Biggs of South Carolina, John Rose of Tennessee and Zach Nunn of Iowa, The National News Desk reported. The lawmakers asked how the league defines "women" under Article XIII, Section 1(a) of the collective bargaining agreement and why the two men had been deemed ineligible. ^[2]

That provision says only players who are women are eligible to play in the WNBA but does not define the term, according to OutKick and TMZ. OutKick reported that Engelbert, answering questions on player safety and fan confrontations, said the league reviews games afterward and can eject fans who break its code of conduct. ^{[1] [4]}

Stutzman welcomed the response, saying the league "has just taken the first step" toward defining womanhood, The National News Desk reported. ^[2]

How the players responded

Kanter Freedom told OutKick that Engelbert misgendered him in the letter. He told the outlet the commissioner would not define a woman yet was "absolutely certain that I'm a man," the Washington Examiner reported, citing that interview. ^{[3] [1]}

He said the aim of his bid is to get the league to state explicitly that only biological females are eligible, and that he will keep pursuing a place in the 2027 draft unless the rules change, according to OutKick and The National News Desk. OutKick reported he said Engelbert's successor could settle the dispute by adding the word "biological" to the requirement. The cited reports did not include a new response from White. ^{[1] [2]}

How the dispute started

White, a former first-round NBA draft pick, said in August that he identifies as a woman and would declare for the 2027 WNBA Draft, the New York Post reported. He said a lengthy legal fight over discrimination would follow if he was not allowed to play. At the time he was a Republican candidate for U.S. Senate in Minnesota. Michele Tafoya won that Aug. 11 primary with more than half the vote, TMZ reported. ^{[6] [7]}

Kanter Freedom announced his own bid on Aug. 7, according to the Washington Examiner. The campaign followed a summer of debate that intensified after Indiana Fever guard Sophie Cunningham said in a July ESPN profile that young girls should not have to compete against biological men. ^[3]

On Aug. 23, Kanter Freedom was removed from a Chicago Sky game against the Fever at Wintrust Arena after a verbal altercation with Sky guard Natasha Cloud, Yahoo Sports and OutKick reported. OutKick said he was later banned from Sky home games there and sued, alleging a First Amendment violation; Sky owner Michael Alter said security removed him for his conduct, not his speech. ^{[5] [1]}

A league source told Yahoo Sports in August that the declarations were "simply publicity stunts." The league has said there are no immediate eligibility matters, and no transgender woman has played in the WNBA, Yahoo Sports reported. ^{[5] [2]}

What comes next

The letter puts the league's position in writing for the first time but leaves the contract language unchanged. Engelbert announced in September that she will retire at the end of 2026, and the league has begun searching for a successor, The National News Desk reported. The letter arrived during the WNBA Finals between the Atlanta Dream and Golden State Valkyries, which TMZ reported were tied 1-1. ^{[2] [4]}