Conservative members of Congress want more answers from the WNBA surrounding the league's eligibility rules and player and fan safety policies.
A group of Republican lawmakers led by Indiana Rep. Marlin Stutzman sent a letter, originally obtained by Fox News
, on Sept. 17 to commissioner Cathy Engelbert regarding the "WNBA’s lack of eligibility standards" and "concerning lack of will to enforce basic player and fan protections."In the letter, signed by five GOP members of Congress, Stutzman pushes back on the language in the league's collective bargaining agreement (CBA) related to player eligibility.
The WNBA CBA states, "only players who are women are eligible to play in the WNBA." It includes additional eligibility criteria such as age and
remaining collegiate eligibility. However, it does not explicitly mention gender identity or gender at birth. Stutzman questioned the absence of such specificity after the league said former NBA players Enes Kanter Freedom and Royce White were ineligible to enter the WNBA draft after declaring themselves women. Kanter Freedom and White have been outspoken about the current transgender athlete conversation surrounding the league.
"This action indicates the League certainly understands the biological difference between men and women, and has even gone so far as to enforce that distinction when deciding eligibility," Stutzman said.
Stutzman added "the WNBA must ensure the League remains exclusively for biological women," citing comments made by Indiana Fever guard Sophie Cunningham about "protecting women's sports" through clear gender policies.
An openly transgender woman has never played in the WNBA.
Adding their signatures to the letter were South Carolina Rep. Sheri Biggs, Indiana Rep. Erin Houchin, Tennessee Rep. John Rose and Iowa Rep. Zach Nunn. The letter also dives into the league's policies around player and fan safety, naming what it describes as the "most blatant example of your failure to keep players safe."
Stutzman cited an Aug. 8 incident between Cunningham and Chicago Sky guard DiJonai Carrington. Carrington was ejected from their game for a flagrant foul 2 after officials determined Carrington wound up and followed through on contact with Cunningham's head and neck while contesting a layup. In the immediate aftermath of her ejection, Carrington posted “WHITE PRIVILEGE” on social media and tagged the Fever.
On. Monday, Aug. 10, the Sky guard clarified her "white privilege" post on social media was not in response to being given the foul.
"It’s just who I am. I’m never going to just let an open layup be had," Carrington said. "You can pull clips from, I don’t know, however many seasons of me making that (play). Obviously I’m just coming back from injury, so maybe my timing or my lift wasn't where it needs to get. It was unfortunate I made contact with her in the way that I did, but it was never intentional."
Stutzman argues the league was inconsistent in the penalties it doled out to Carrington in the Aug. 8 game and a separate Aug. 12 matchup. In the letter, he says that the WNBA did not hand out a suspension or any other discipline beyond the fine for a flagrant foul penalty 2. Stutzman then alleges "Carrington did the same thing" to Golden State guard Tiffany Hayes on Aug. 12 without "repercussions."
In addition to thoughts around Carrington, Stutzman and the Republican lawmakers who cosigned the letter pointed to an Aug. 23 incident between Kanter Freedom and Sky guard Natasha Cloud. Cloud confronted Kanter Freedom during a game against the Fever at Wintrust Arena. He was sitting close to the court in a black shirt that read "WOMAN noun. adult human female." He stood up with his arms outstretched and stepped over photographers to approach the court. Cloud was held back by teammates as Kanter Freedom was surrounded by security. He was then escorted out of the arena.
Sky owner Michael Alter told reporters on Aug. 25 Kanter Freedom is banned from Wintrust Arena. The WNBA does not currently plan to subject him to a league-wide ban. However, Kanter Freedom filed a lawsuit against the Sky alleging that his First Amendment rights were violated.
"I won't be talking about anything that happened with an irrelevant person," Cloud later said on Aug. 29, when asked about Kanter Freedom. "What I will focus on is what actually affects women and children currently in 2026."
“I will talk about real issues that face women, and it's not our trans human beings," Cloud added. "It's not our drag queens. It's not our gay community. There is a certain demographic of people that you can generally search; it's a simple Google search of what is the greatest threat to women and children in 2026 in the United States of America, and it's not going to be trans people."
Cloud was not suspended or fined by the league for the incident with Kanter Freedom, which Stutzman argues should have happened.
"A uniform punishment should have been dealt for Cloud’s actions. The lack of action against Cloud does not seem to indicate the fostering of a safe, respectful, and professional environment you claim to establish," he said.
The letter sent to the WNBA is the second letter members of Congress have sent in 2026. In July, a group of Republican lawmakers, which included Stutzman and his colleagues, penned a letter to Engelbert demanding accountability from the WNBA after "attacks" on Fever star Caitlin Clark. The group said that if Engelbert and the WNBA didn't act to protect Clark, action from the Department of Justice, Department of Labor or Equal Employment Opportunity Commission could follow.
September's letter ultimately asks the league to respond to multiple questions it posed by Oct. 16, but does not say what the subsequent actions will be if no response is given.
WNBA continues to face increased scrutiny
Although no transgender women play in the WNBA, the league has become a lightning rod for the topic of gender inclusion in sports following comments made by Cunningham in an ESPN story. Cunningham then doubled down, saying young girls playing sports “shouldn't have to go against biological men.”
Controversy has followed. A Seattle Storm co-owner was suspended for five home games for comments she made to Cunningham fans. On Aug. 16, a security guard at an Indiana Fever at Atlanta Dream game asked two fans to cover up their XX-XY shirts. XX-XY Athletics opposes transgender athlete inclusion in women's sports and was founded by Jennifer Sey, a former gymnast and former Levi Strauss chief marketing officer who says her brand exists to “protect women’s sports and spaces."
WNBA coaches recently weighed in on the ongoing conversation. The Minnesota Lynx's Cheryl Reeve called for less hate and more love, while the Golden State Valkyries' Natalie Nakase didn't want to give the conversation "oxygen," saying "transgender kids belong." Dallas Wings coach Jose Fernandez said, “I’m not partaking in the circus and everything that takes away from our team, the league. This (expletive) is not happening in the NFL, MLB, NBA.”
Engelbert, who announced her impending retirement in early September, has faced calls for her resignation and criticism for not swiftly handling the issue. The league put out a statement Aug. 12 denouncing "bad faith actors," and Engelbert first spoke publicly to the Associated Press Aug. 20, saying: "People are trying to use the league to sow divisiveness. ... We're being made the center of a political football by individuals who have never watched the WNBA, never written about it, or reported on it. These voices are using our league as a platform for their own agendas, rather than supporting our athletes and the growth of women's sports."
Transgender athletes and U.S. legislation
Cunningham's comments on transgender athlete participation and the ensuing conversation came after the U.S. Supreme Court upheld states' right to ban transgender girls and women from participation in women's sports.
Legislation passed in 27 states barring transgender girls and women from participating in women's sports is aimed at a small portion of the population – 1% of people aged 13 and over in the U.S. identify as transgender, according to a 2025 study by the Williams Institute at UCLA Law.
The Human Rights Campaign reported in 2023 that 19% of transgender youth nationwide were playing sports, including fewer than 1,300 who played sports in school.
This article originally appeared on USA TODAY: Congressional Republicans seek answers from WNBA on eligibility, safety policies
