WNBA, players union paralyzed by how to define 'women,' as NBA veterans declare for their draft

New collective bargaining agreement doesn't define eligibility by sex or gender identity, despite years of advocacy by WNBA players and coaches to let males in female sports, long before Sophie Cunningham's opposing stance.

Published: August 11, 2026 11:00pm

As WNBA players take opposing sides on whether males are welcome to compete in the women-only basketball league, and former NBA players declare their eligibility for the WNBA under criteria that don't explicitly limit competition to females, the players' union is taking a firm stand in favor of fumfering.

The Women's National Basketball Players Association "leadership" released a statement that avoids saying whether the WNBA's new collective bargaining agreement (CBA) allows, or should allow, males to compete based on gender identity, but implicitly targets its own gender-critical players and their fans for taking a stand.

The union, which has officially supported males in girls' high school sports for nearly five years, further muddied the issue by pressing elected officials to "strengthen Title IX" without elaborating, at the same time that Education Secretary Linda McMahon is pledging to "protect Title IX" by keeping "biological males" out of "women's sports." 

Supporters of female-only competition, meanwhile, disagree on whether the Protect College Sports Act – which must wait until at least September for a Senate vote – is a "Trojan horse for men in women’s college sports" or still permits lawsuits against the NCAA for previously allowing men in women's competition or reinstating that rule in the future.

The sudden burst of attention to the CBA's eligibility criteria, prompted by Indiana Fever player Sophie Cunningham's recent outspokenness against males in women's sports and ex-NBA players Enes Kanter Freedom and Royce White officially claiming eligibility for the 2027 WNBA draft, prompted Commissioner Cathy Engelbert to promise quick action.

Her memo Friday to teams, obtained but not published by ESPN, the Associated Press and The Athletic, allegedly said a task force of team presidents and general managers will discuss "transgender athlete participation in women's basketball" at a previously scheduled meeting this week. The league has no known males in competition.

Engelbert emphasized the CBA determines eligibility but said "preserving the integrity of our game and ensuring fair competition" – terms often used by proponents of female-only sports – "will always remain among the league’s highest priorities." She will "convene additional discussions and offer listening sessions" for team leaders.

The commissioner is under the spotlight for allegedly mismanaging cultural flashpoints and failing to promote the league's stars the way the NBA does with its own. Sports media impresario Bill Simmons predicted Engelbert's exit before next season for constantly "stepping in bear traps," and said there are "no adults in charge of the league."

Both management and the union have ignored requests by Outkick to answer eligibility questions about male player Julie Tétart, who is dominating France's second-tier women's basketball league.

The WNBA didn't answer requests from Just the News with the same question.

"If they contact me, I won’t say no," Tétart told Outkick, the Fox News Media's sports and commentary website, about a possible offer from the WNBA.

Team co-owner allegedly harassed Cunningham fans

Cunningham is relatively late to vocal participation in the dispute over males in female sports – she reposted an X post in 2022 decrying male swimmer Lia Thomas for winning a women's championship – yet has been portrayed as forcing the issue on the WNBA.

The league celebrated WNBA player Layshia Clarendon when she came out as transgender in 2021 after having her breasts removed, but she was already identifying as nonbinary. While the WNBA is a "women's league," Clarendon said she considers women "an umbrella term that would include trans and non-binary people who are marginalized by gender."

Months later, Minnesota Lynx coach Cheryl Reeve and player Napheesa Collier pressured the NCAA to fight state legislation to keep males out of girls' sports. That fall, the players union joined a legal brief in support of Connecticut's "trans-inclusive" high school sports policy.

WNBA legend Sue Bird joined Clarendon on a letter two years ago urging the NCAA not to "ban transgender women" – males — "from NCAA women’s sports." The college association did just that after President Trump's executive order on women's sports.

But Cunningham's opposition to males in female sports, fleshed out in an ESPN profile last month, has taken the media spotlight off teammate Caitlin Clark, widely credited with bringing new audiences to the WNBA but allegedly targeted with "racially motivated" hard fouls and cheap shots, including a no-call punch in the throat.

Chicago Sky player DiJonai Carrington's ejection for a clothesline foul on Cunningham in Saturday's game provided more evidence that the spotlight had passed from Clark. Carrington, who previously criticized Cunningham indirectly for her transgender stance, posted "white privilege" on social media after the ejection. 

The league fined and suspended Seattle Storm co-owner Celeste Keaton for her conduct at a home game against Cunningham's Fever last month, allegedly cursing at teenage girls wearing gender-critical XX-XY Athletics shirts and holding a sign thanking Cunningham for her advocacy. The team apologized for the exchange without specifying its content or the co-owner.

Local journalist Brandi Kruse helped organize the Cunningham rally outside Climate Pledge Arena and identified Keaton as the antagonist, claiming security refused to remove Keaton for harassing fans. Other fans were captured heckling the girls, whom gender-critical Harry Potter creator J.K. Rowling dubbed "heroines."

DOJ lawyer offers to represent male player if WNBA rejects him

The union leadership's Friday statement said its values of "justice, equity, diversity, and inclusion" unite players. "Hate, abuse, and demonization of any person or group of people, including transgender people, only fuel fear, division, and harm," it said, without specifying any victim group other than "transgender people."

It urged fans at games to "notify security if you witness hateful, violent, or abusive behavior," without noting that Kruse claimed security rebuffed her request to remove Keaton. "Online, report abusive posts and drown out the bots and bad actors."

"We will continue to have hard conversations. But we will not be used as political pawns," union leadership said, making no mention of its years of support for males in girls' school sports.

The union's media contact did not answer queries from Just the News to explain the leadership statement, including why it specified that "transgender people" but not female-only sports advocates face demonization, and what it means by strengthening Title IX, which applies to college sports but not professional leagues.

Union leadership spoke just two hours after former NBA player Freedom announced himself a "prospect" for the WNBA's 2027 draft based on its "guidelines" around "self-identification and inclusion."

The Turkish-American human rights activist, who added "Freedom" to his name upon U.S. citizenship in 2021, formalized his intent to "enter the player pool" with a letter to the WNBA saying he fulfilled its eligibility criteria. 

In a video Monday, the five-team veteran is wearing a shirt designed by women's sports advocate Kelsey Trainor, reading "Invest in Women. Pay Women. Hire Women."

Former NBA player White followed Freedom's declaration and the WNBPA's statement hours later Friday, but took it up a notch. 

A first-round pick who only played three games in his career due to mental health problems, White was the Minnesota GOP's nominee for U.S. Senate in 2024 and is running again this year to be the GOP nominee in a primary field that also includes former ESPN sideline reporter Michele Tafoya.

White said he "sometimes" identifies as a woman "for purposes of basketball," sometimes donning a wig in media appearances but not otherwise presenting as feminine. Leo Terrell, senior counsel to Assistant Attorney General for Civil Rights Harmeet Dhillon, offered to represent Royce in litigation if the league rejects him. 

The former player relishes mixing it up with antagonists on X while promoting his Senate campaign.

"Don't tell me how to be a Black woman!" White answered a critic Monday who told him to "commit to the bit" through cross-sex hormones, surgery and changing his name. "The idea that a Trans woman has to subject herself to BIG PHARMA, is just another way for cis normative people to turn us into a commodity. [...] Royce White for U.S. Senate MN 2026."

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