WNBA Commissioner Cathy Engelbert told Congress that Enes Kanter Freedom and Royce White are both men and ineligible, without defining what a woman is.
In an Oct. 16 letter to Republican lawmakers, Engelbert answered a September inquiry about 2027 draft eligibility by declaring the two former NBA players cannot join the women's league.
She cited the league's collective bargaining agreement. She still refused to spell out the definition of "women" that the House members had requested.
America First Policy Institute shared the letter with OutKick, and Freedom answered the commissioner's words directly. The exchange leaves the WNBA stuck between a rule that sounds simple and a public stance that keeps dodging biology.
Rep. Marlin Stutzman, R-Ind., and four other House Republicans sent the inquiry on Sept. 17. They asked how the WNBA defines "women" under Article XIII, Section 1(a) of the 2026 collective bargaining agreement.
That provision states only players who are women are eligible to play in the WNBA. The lawmakers also wanted to know why Freedom and White were ruled out after both announced plans to enter the 2027 WNBA Draft while saying they identify as women.
Engelbert's reply did not supply the missing definition. It did not announce a new eligibility rule. It did not lay out a broader policy on transgender athletes or amend the agreement negotiated with the players' union.
She wrote instead that the two men simply do not qualify.
Cathy Engelbert stated in the letter:
"With respect to your questions regarding eligibility, only women are eligible to play in the WNBA and the individuals you cite in your letter are both men,"
Stutzman treated the sentence as progress. He also kept pressure on the league over fan treatment and the national anthem.
Rep. Marlin Stutzman said:
"The WNBA has just taken the first step in defining what a woman is for the sports community,"
He added that labeling Freedom and White as men showed "identifying as a woman does not change basic human biology." He still called out what he described as alarming disrespect for fans and the anthem.
Freedom, a Turkish-American former NBA player and human rights activist, told OutKick the letter left the standards unexplained. He has said he identifies as a woman and intends to keep pushing for a roster spot unless the rules change.
Enes Kanter Freedom said:
"Cathy Engelbert cannot clearly define what a woman is, but she's absolutely certain that I'm a man,"
He asked who holds the authority to decide, the individual, the commissioner, a medical professional, a committee, or a task force. He argued the league cannot settle eligibility by mere declaration.
Freedom continued:
"You cannot answer an eligibility question simply by declaring what somebody is. You need to explain the policy you are enforcing."
He pointed to the league's own summer task force of team presidents and general managers. That group discussed transgender participation and online abuse. At the time the league said no immediate eligibility matters were pending, condemned efforts to demean others, and promised more talks. Freedom asked how a commissioner can issue a hard ruling if that work remains unfinished.
His fix is blunt. Add the word "biological" next to "female," he said, and the dispute ends. He pledged he would walk away and never return. Until then he insists the league either rewrite the rule or pick him in 2027. He spent 11 years in the NBA and says he knows the professional game.
He also said Engelbert misgendered him "100 percent" and asked her to respect the identity he claims. He framed the fight as larger than one player and credited Golden State Valkyries player Gabby Williams' support for transgender athletes as part of what pushed him forward.
The Republican letter also covered physical play and spectator incidents. Lawmakers raised Indiana Fever guard Sophie Cunningham's support for keeping transgender girls and women out of female sports, the criticism and road-trip rallies that followed, and on-court exchanges involving Cunningham and Chicago Sky guard DiJonai Carrington.
They asked about the Aug. 23 game at Wintrust Arena in Chicago between the Fever and the Sky. Freedom confronted Sky guard Natasha Cloud, was ejected, and was later banned from Sky home games at that arena. He filed a lawsuit alleging his First Amendment rights were violated. Sky owner Michael Alter disputed that account and said security removed Freedom for conduct, not speech.
Lawmakers noted Seattle Storm co-owner Celeste Keaton received a five-game suspension after a separate fan confrontation. They wanted to know why outcomes differed for Cloud. Engelbert's letter did not specifically explain the gap.
She defended the process in general terms. Officials enforce rules during games. League Basketball Operations reviews film afterward and can upgrade fouls or impose discipline. Spectators must follow the code of conduct and can be ejected. The league, she wrote, seeks consistency for players, coaches, and officials.
Cathy Engelbert wrote:
"In all instances the League seeks to apply its rules and relevant disciplinary processes consistently for all players, coaches, and officials,"
She closed by saying the WNBA would keep working to protect players and personnel, including against hate and vitriol online.
Stutzman's statement tied the eligibility letter to a separate cultural flashpoint. During the opening two games of the WNBA Finals, players from the Atlanta Dream and Golden State Valkyries left the court before the national anthem and returned afterward.
Engelbert is scheduled to retire at the end of 2026 after a September announcement. Freedom has said a successor could settle the eligibility fight by making a biological-female limit explicit. The current letter does none of that. It simply names two men, leans on an undefined CBA sentence, and moves on.
Royce White, also a former NBA player, was listed alongside Freedom in the lawmakers' inquiry and in Engelbert's reply. The commissioner's letter treated both the same way: men, therefore ineligible.
Women's categories exist to give female athletes a fair shot. A league that will not define the category in plain biological terms still found it easy to spot two men when Congress asked. Clarity should not require a congressional letter.
