WNBA’s Ongoing Challenges with Defining ‘Woman’

The WNBA has taken a step towards clarifying what constitutes a woman within its league, but it seems there’s still some ambiguity in its recent response to Congress.

In September, Rep. Marlin Stutzman from Indiana reached out to the WNBA, posing several straightforward questions regarding the governance of the league.

Although the questions weren’t particularly challenging, the WNBA’s responses have left much to be desired in terms of clarity.

Stutzman’s letter touched on player safety, but he also specifically inquired about the league’s definition of a “woman.” He raised a concern regarding the league’s resistance to allowing former NBA players Enes Kanter Freedom and Royce White to enter the WNBA draft.

More than a month later, Commissioner Cathy Engelbert replied to Stutzman and the House Republican Study Committee.

Stutzman shared Engelbert’s response on social media, which, while slightly clearer than previous statements from the league, still avoided providing an actual definition of a woman. Engelbert stated, “With respect to your questions regarding eligibility, only women are eligible to play in the WNBA.” She continued by stating, “The individuals you cite in your letter are both men.”

Stutzman viewed this as a victory, declaring, “This is their clear acknowledgment that simply identifying as a woman does not change basic human biology!”

However, Engelbert’s assertion that only women can play aligns with existing rules outlined in the WNBA’s most recent collective bargaining agreement. The agreement states, “only players who are women are eligible to play in the WNBA,” but, notably, it fails to provide a specific definition of “woman.” The league has not responded to numerous inquiries regarding its criteria for defining a woman.

League representatives even convened in August to deliberate on this subject but did not reach a definitive conclusion. They stated, “There are no immediate eligibility matters affecting the WNBA, and we strongly denounce the bad-faith efforts to use these topics to demean or marginalize others.”

Adding to the complexity, both former NBA players, who have declared their intention to participate in the 2027 WNBA Draft, argue that the league’s failure to define “woman” leaves room for their inclusion. Freedom, for instance, has not claimed to be transgender, while White has publicly identified as a woman for basketball purposes.

Meanwhile, another player, Julie Tétart, who identifies as a woman and plays professional women’s basketball in France, has expressed enthusiasm for joining the WNBA if given the chance. “If they contact me, I won’t say no,” he stated.