Commissioner's Response to Congress
WNBA Commissioner Cathy Engelbert addressed the issue in a letter dated Oct. 16, 2026, responding to an inquiry from Rep. Marlin Stutzman, R-Ind., and four other House Republicans. According to Fox News's OutKick, which obtained the letter from the America First Policy Institute (AFPI), Engelbert stated that the two former players do not qualify under existing rules.
"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," Engelbert wrote.
The letter did not provide a specific definition of the term "women," a detail the lawmakers had requested. The WNBA's collective bargaining agreement, specifically Article XIII, Section 1(a), states: "Only players who are women are eligible to play in the WNBA." The agreement does not define the term within that eligibility provision.