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Harris Calls on WNBA to Define Woman as Biological Female, Establish Clear Eligibility Standards

Friday, September 25, 2026

WASHINGTON, DC — Today, Congressman Mark Harris (NC-08) sent a letter to Women’s National Basketball Association (WNBA) Commissioner Cathy Engelbert urging the league to define women as biological females under its Collective Bargaining Agreement (CBA) and establish biological sex as the basis for eligibility in women’s basketball.

The letter follows backlash against Indiana Fever player Sophie Cunningham after she publicly spoke out in support of protecting women’s sports. Commissioner Engelbert subsequently addressed the controversy in a memo to teams but stopped short of announcing changes to the league’s eligibility rules.

Earlier this year, the International Olympic Committee (IOC) adopted a policy limiting eligibility in the female category to biological females beginning with the 2028 Los Angeles Olympic Games. Despite the WNBA’s longstanding connection to Olympic basketball, the league has not announced plans to take similar action.

KEY EXCERPTS FROM THE LETTER:

“Since then, the league has played a pivotal role in advancing women’s sports and creating opportunities for female athletes. Preserving those opportunities requires a clear and consistent standard for eligibility and a commitment to maintaining the integrity of women’s basketball.”

“Yet the league’s Collective Bargaining Agreement (CBA) leaves a critical question unanswered. Article XIII, Section 1(a) states, ‘Only players who are women are eligible to play in the WNBA,’ but the CBA does not define ‘women’ according to biological sex or establish a clear standard for determining eligibility. Without that clarity, female athletes and fans are left uncertain about the standard governing who may compete in a league created specifically for women.”

“Sophie Cunningham deserves recognition for having the courage to raise concerns about protecting women’s sports and maintaining a fair competitive environment for female athletes. Athletes should feel confident that they can speak openly about legitimate issues affecting their sport without being subjected to controversy or backlash simply for doing so.”

“I respectfully ask the WNBA to adopt a definition of ‘woman’ under its CBA that defines women as biological females and establishes biological sex as the basis for eligibility in women’s basketball. Female athletes deserve certainty that the opportunities created for them—and the integrity of women’s basketball—will continue to be protected.”

The full text of Congressman Harris’s letter can be found here. 

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