WNBA2 hours ago2 minute read

Former NBA Players Challenge WNBA Eligibility Rules

Former NBA players Enes Kanter Freedom and Royce White have declared for the WNBA draft, putting the league's eligibility rules under the spotlight.

The EagleEyeOdds deskWritten from the match data, checked against our model before it goes out

Politicians and Players Raise Eligibility Questions

The WNBA is facing growing pressure over its player eligibility rules. On September 17, five members of the U.S. House of Representatives sent a letter to league commissioner Cathy Engelbert. The letter criticized the league's safety measures and eligibility rules, arguing that the WNBA must remain exclusively for biological women.

The politicians referenced comments made by Indiana Fever guard Sophie Cunningham, who previously expressed support for restrictions on transgender athletes in women's sports. Cunningham said she wanted to protect young girls in sports who should not have to play against biological men. Her comments sparked protests both for and against her at games during July and August.

Former NBA Players Force the Issue

Former NBA player Enes Kanter Freedom added to the debate by declaring for the WNBA draft in an August 7 video. The six foot ten athlete, who last played for the Celtics in February 2022, claimed that if self declaration is the only rule, he meets the requirements. Hours later, former player Royce White also declared for the draft.

Both men have since made appearances at WNBA games. Kanter Freedom was ejected from an August 23 game between the Chicago Sky and Indiana Fever after an altercation with Natasha Cloud. He was wearing a shirt defining a woman as an adult human female. A few days later, White sat courtside at a Fever game wearing a blond wig.

The Legal Debate Behind the Rules

The current collective bargaining agreement states that only players who are women are eligible to play. However, the agreement does not define what the league considers a woman, nor does it outline a process for transgender athletes.

Employment attorneys note that while Title VII of the Civil Rights Act of 1964 bans sex discrimination, there is an exception for a bona fide occupational qualification. Lawyer Nathan J. Oleson suggested the WNBA could defend its rules by arguing that the core of its business is being a women's sports league.

What it means for the next game

Indiana Fever at Toronto Tempo (WNBA, Fri, 18 Sep): Toronto Tempo win 16%, Indiana Fever win 84%; projected score Toronto Tempo 89, Indiana Fever 99. Our safest pick: Fever to win.

Chicago Sky at Atlanta Dream (WNBA, Sat, 19 Sep): Atlanta Dream win 75%, Chicago Sky win 25%; projected score Atlanta Dream 93, Chicago Sky 86. Our safest pick: Dream +0.5.