Rep. Marlin Stutzman, R-Ind., is pressing WNBA Commissioner Cathy Engelbert for answers about the league’s eligibility rules, including one very basic question: How does the WNBA define “women”?
In a follow-up letter to Engelbert obtained by OutKick, the Indiana Republican and other members of Congress question the league’s handling of player safety, fan confrontations and, now, who is actually eligible to play in the WNBA.
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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.
WNBA commissioner Cathy Engelbert speaks before the WNBA basketball draft in New York on April 13, 2026. (Pamela Smith/AP)
That timing adds another layer to Stutzman’s request, which asks Engelbert to answer several questions about league policy before Oct. 16.
The WNBA’s 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.
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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 women’s sports league, the WNBA must ensure the League remains exclusively for biological women,” the lawmakers wrote. They also cited Cunningham’s 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 league’s review process and its efforts to create a safe environment for players.
Rep. Marlin Stutzman, R-Ind., attends a House Financial Services Committee hearing on “The Annual Testimony of the Secretary of the Treasury on the State of the International Financial System” on Wednesday, May 7, 2025. (CQ-Roll Call, Inc via Getty Images)
The lawmakers now argue that the league’s actions since then have not matched those assurances.
They point to Chicago Sky guard DiJonai Carrington’s Aug. 8 Flagrant 2 foul on Sophie Cunningham and another incident involving Golden State’s Tiffany Hayes just four days later.
The letter also compares the WNBA’s handling of Carrington to the NBA’s past discipline of Draymond Green, who received suspensions after repeated physical incidents.
Stutzman also raises concerns about how the league handles confrontations between players and fans.
The letter cites Chicago Sky guard Natasha Cloud’s confrontation with Freedom during an Aug. 23 game at Wintrust Arena. It compares the lack of discipline for Cloud with the five-game suspension given to Seattle Storm co-owner Celeste Keaton after a separate confrontation with fans.
Former basketball player Enes Kanter Freedom and Natasha Cloud #9 of the Chicago Sky yell at one another during the second half between the Chicago Sky and the Indiana Fever at Wintrust Arena on August 23, 2026 in Chicago, Illinois. (Michael Reaves/Getty Images)
The lawmakers are asking whether the WNBA has a consistent policy for players, coaches and team officials who get into verbal confrontations with spectators.
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Altogether, the letter asks Engelbert to answer four questions by Oct. 16: what the league has done to address repeated physical play, how it handles confrontations with fans, how it defines “women,” and why Freedom and White were ruled ineligible for the draft.
“The WNBA has an extraordinary platform and influence,” the lawmakers wrote. “We urge the League to use that platform responsibly by ensuring that rules are enforced equally to protect the safety of women playing the game and fans in the stands.”