Loopholes are part of the landscape. Always have been. But the whole gender debate in the WNBA has taken this to a whole new level, and Enes Kanter Freedom is right in the middle of it. In his quest to play for the WNBA, he has now come up with a way to circumnavigate the rules.
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“In New York, you can actually go, which I already did research about it,” he shared in a conversation with journalist Jackson Thompson. “You can change your birth certificate from male to female, and it will be done in literally less than 1 day.
“So, if it comes down to that, and if they really want my birth certificate to change, I can simply go to New York and change it in less than a day, so that’s not a problem. But it’s just so disrespectful that she [WNBA commissioner Cathy Engelbert] cannot identify what is a woman, but she certainly can define what a man is.”
As per the New York State Department of Health: “Vital Records may amend gender designations on birth records for all of New York State except New York City.”
Here’s what happened: Cathy Engelbert reportedly told members of the U.S. Congress on October 16 that Kanter-Freedom and Royce White are “both men” and that they are ineligible to play in the women’s league.
Earlier, on Sept. 17, lawmakers stepped in when Rep. Marlin Stutzman, R-Ind., and four other House Republicans [Rep. Erin Houchin, Rep. Sheri Biggs, R-S.C., Rep. John Rose, R-Tenn., and Rep. Zach Nunn, R-Iowa] issued an inquiry that focused on athlete eligibility, player safety, and hostile interactions with fans.
The WNBA was asked by the members of Congress to clarify the definition of a “woman” under Article XIII, Section 1(a) of the Collective Bargaining Agreement (CBA).
“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,” was the response Cathy Engelbert wrote on Friday to the congressional letter, per OutKick’s report.
Congressman Marlin Stutzman also gave his take on the issue.
“The WNBA has just taken the first step in defining what a woman is for the sports community,” said Stutzman.
“By clearly labeling Enes Kanter Freedom and Royce White as men they have acknowledged that identifying as a woman does not change basic human biology.”
Notably, Engelbert’s response to lawmakers left Kanter Freedom unimpressed, who insists the central question around the eligibility in the WNBA remains unanswered.
“Cathy Engelbert cannot clearly define what a woman is, but she’s absolutely certain that I’m a man,” Freedom said. “I mean, how does that make sense? Who gets to decide? Who has the authority to determine whether someone is a woman?”
“If the league is still working through these questions, how can its commissioner be so certain about my eligibility without explaining the standards that she’s applying? I just want her to respect my identity because I am telling you that I identify as a woman,” Freedom added.
Unlike other major leagues like the NBA, NFL, MLB, etc., the eligibility rules in the WNBA are defined by the Collective Bargaining Agreement [CBA], which is negotiated between the players and the league, and cannot be changed or amended by the WNBA commissioner’s office unilaterally.
So, any change in eligibility rules will be a long, drawn-out process, requiring several layers of discussions between all the stakeholders involved.
What is the WNBPA’s stance on the matter?
The players’ body of the WNBA, the WNBPA, has stressed that inclusion has always been a central idea for the league.
“We embrace justice, equity, diversity, and inclusion,” the statement by the WNBPA read, back in August. “Those are the values that unite this Union and allow it to protect women’s sports while creating transformational change.
“Hate, abuse, and demonization of any person or group of people, including transgender people, only fuel fear, division, and harm. We will continue to have hard conversations. But we will not be used as political pawns.”
On the other hand, Kanter-Freedom is refusing to back down, insisting on a clear distinction in the rules.
“We are adding the word biological next to the word female; this whole thing will end the next day,” said Freedom. “I will walk to the sunset. They will not hear from me ever again.”
Only time will tell how this controversial saga unfolds and whether a change is indeed seen in the eligibility rules.