GOP lawmakers demand WNBA answers on eligibility, safety after Iowa Rep. Nunn joins letter

Republican members of Congress, including Iowa Rep. Zach Nunn, are pressing the WNBA for clear answers on eligibility standards and player and fan safety policies following a season marked by controversy over transgender athlete inclusion and on-court incidents.

The letter, led by Indiana Rep. Marlin Stutzman and sent Sept. 17 to WNBA Commissioner Cathy Engelbert, challenges the league's collective bargaining agreement language on player eligibility and its handling of recent incidents involving players and fans.

What does the letter ask the WNBA to clarify?

The lawmakers question why the WNBA's collective bargaining agreement states that “only players who are women are eligible to play in the WNBA” without explicitly defining gender identity or gender at birth. Stutzman pointed to the league's decision to deem former NBA players Enes Kanter Freedom and Royce White ineligible after they declared themselves women, arguing the league understands the biological distinction between men and women.

“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.

The letter also cites comments from Indiana Fever guard Sophie Cunningham about “protecting women's sports” through clear gender policies. No openly transgender woman has ever played in the WNBA.

What safety incidents prompted the lawmakers' concerns?

The letter highlights an Aug. 8 incident where Chicago Sky guard DiJonai Carrington was ejected for a flagrant foul 2 after striking Cunningham's head and neck. Carrington later posted “WHITE PRIVILEGE” on social media tagging the Fever, though she said the post was not about the foul.

Stutzman argues the league was inconsistent in discipline, noting Carrington received no suspension beyond a fine, and alleges she made similar contact with Golden State guard Tiffany Hayes on Aug. 12 without repercussions.

The letter also addresses an Aug. 23 confrontation between Sky guard Natasha Cloud and Kanter Freedom, who was seated courtside wearing a shirt reading “WOMAN noun. adult human female.” Cloud was held back by teammates as security escorted Kanter Freedom from Wintrust Arena. The league did not suspend or fine Cloud, which Stutzman said 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 WNBA cannot run from the transparency and accountability the American people are demanding. We want to see our favorite players protected on the court and want to see fans stop being targeted for practicing their first amendment rights,” Stutzman said. “I am looking forward to the WNBA defining 'woman' so we can get back to basketball!”

Who signed the letter?

Joining Stutzman were South Carolina Rep. Sheri Biggs, Indiana Rep. Erin Houchin, Tennessee Rep. John Rose, and Iowa Rep. Zach Nunn. The letter asks the league to respond to multiple questions by Oct. 16.

This is the second letter from congressional Republicans to the WNBA in 2026. In July, a similar group demanded accountability after what they described as “attacks” on Fever star Caitlin Clark, warning that federal agencies could get involved if the league failed to protect her.

Why is the WNBA under increased scrutiny?

The league has become a focal point in the national debate over transgender athlete inclusion in women's sports. The controversy intensified after the U.S. Supreme Court upheld states' rights to ban transgender girls and women from participating in women's sports. Legislation in 27 states now bars transgender girls and women from competing in women's sports.

According to a 2025 study by the Williams Institute at UCLA Law, about 1% of people aged 13 and over in the U.S. identify as transgender. The Human Rights Campaign reported in 2023 that 19% of transgender youth nationwide played sports, including fewer than 1,300 who played school sports.

WNBA coaches have offered mixed reactions. Minnesota Lynx coach Cheryl Reeve called for less hate and more love, while Golden State Valkyries coach Natalie Nakase said “transgender kids belong” and declined to give the conversation “oxygen.” Dallas Wings coach Jose Fernandez was more blunt, saying, “I'm not partaking in the circus and everything that takes away from our team, the league.”

Engelbert, who announced her impending retirement in early September, has faced calls for her resignation. She told the Associated Press on Aug. 20 that “people are trying to use the league to sow divisiveness” and that “we're being made the center of a political football by individuals who have never watched the WNBA.”

What happens if the WNBA doesn't respond?

The letter does not specify what actions lawmakers might take if the league fails to respond by Oct. 16. However, the July letter warned that the Department of Justice, Department of Labor, or Equal Employment Opportunity Commission could become involved if the WNBA did not act to protect players.

Sky owner Michael Alter has banned Kanter Freedom from Wintrust Arena, though the league has not imposed a league-wide ban. Kanter Freedom has filed a lawsuit against the Sky alleging his First Amendment rights were violated.