The WNBA operates under a collective bargaining agreement (CBA), a deal negotiated between the league and its players association (WNBPA), setting rules on matters including player salary caps, revenue sharing, benefits and overall league operations.
On player eligibility, the CBA states: “Only players who are women are eligible to play in the WNBA.”
The WNBA has yet to comment publicly on the row since Cunningham’s comments but league commissioner Cathy Engelbert reportedly sent a memo to teams last week in which she said the matter would be discussed at an upcoming pre-arranged meeting with team presidents.
In the memo, seen by the Associated Press, external, Engelbert said the league would “always approach this topic thoughtfully, respectfully, and in alignment with the longstanding values of our league”.
She added: “Our player eligibility rules, unlike the eligibility rules of some other leagues and governing bodies, are collectively bargained. Preserving the integrity of our game and ensuring fair competition will always remain among the league’s highest priorities.”
However, the lack of detail in the league’s eligibility criteria has been brought to light by Kanter Freedom, who finished his playing career with the Boston Celtics in 2022.
“If simply declaring who you are is all that’s required, then I meet every single requirement necessary to compete in the WNBA,” he wrote on Instagram, external.
Kanter Freedom, who has previously spoken out about human rights violations in China and Turkey, among other issues, added: “I know my presence on the court will stir up strong opinions. I am definitely not here to mock, make fun of, or disrespect any community or personal choices.
“I’m simply asking that the current rules be applied equally to everyone – the rules that represent the very values many WNBA players and coaches have publicly advocated for.”
A day after Kanter Freedom’s ‘announcement’, Royce White – who made three appearances in the NBA as a player and is now a Republican Senate candidate – said he would also declare for the Draft, adding: “I identify as sometimes identifying as a woman for purpose of basketball.”
Whether the vagueness of the rules are by design to leave it open to transgender women or a sign of an oversight that genuinely needs tightening up is not clear.
BBC Sport has contacted Cunningham’s representatives, the WNBA and WNBPA for comment.
