Is the law on Enes Kanter Freedom’s side?

Is the law on Enes Kanter Freedom's side?. Skip to main content Skip to navigation Is the law on Enes Kanter Freedom's side?

What happened

Enes Kanter Freedom declared himself a woman and said he's eligible for the WNBA draft. Legal experts point out strengths and flaws in his case. Breaking down the WNBA playoff pictureMinnesota Lynx1dMichael VoepelFantasy women's hoops: Finish the job and win the fantasy finals with these picks1dESPN Fantasy'Now we're off and running': How the Mystics fast-tracked a rebuild all the way to the postseasonWashington Mystics3dKareem CopelandGolden again: How Team USA rallied to beat France and win the World CupNew York Liberty5dMichael Voepel and Alexa PhilippouWNBA offseason 2026: Guides for every eliminated teamPortland Fire11dMichael Voepel, +3 MoreplayEnes Kanter Freedom escorted out of Sky game after having altercation with Natasha Cloud (0:21)Katie BarnesSep 18, 2026, 07:13 AM ETCloseKatie Barnes is a writer/reporter for ESPN. com.

Former NBA player Enes Kanter Freedom stoked the flames by declaring for the WNBA draft in an Instagram post. Kanter Freedom released the following statement to ESPN through a spokesperson at the America First Policy Institute: "Under the current WNBA rules, I am one of the most eligible players to be considered for the upcoming draft. If White and Kanter Freedom had been eligible for a previous draft — which seems implausible considering they never identified as women before — they would now be eligible to be signed.

Collusion aside, each team could independently decide not to sign Kanter Freedom or White for a variety of reasons. "If simply declaring who you are is all that's required, then I meet every single requirement necessary to compete in the WNBA," Kanter Freedom said, wearing an orange WNBA hoodie, in the Aug.

The wider picture

The 6-foot-10 Kanter Freedom played 11 seasons in the NBA and last appeared for the Celtics on Feb. Kanter Freedom sat in a baseline seat for an Aug. Kanter Freedom stretched out his arms and stepped toward Cloud as she was surrounded by teammates and security. While most people in and around the WNBA don't believe Kanter Freedom and White are acting in good faith, the former NBA players have exposed potential WNBA legal vulnerabilities. What has the WNBA said about Kanter Freedom and White's eligibility for the 2027 draft?

12, the WNBA released a statement, implying that Kanter Freedom and White are not eligible to be drafted. Kanter Freedom, who came to the United States from Turkey to play basketball when he was 17, was 20 in 2012. Can Kanter Freedom and White sue to try and play in the WNBA?

What has been reported

To bring a Title VII claim, Kanter Freedom and White would need to file with the Equal Employment Opportunity Commission (EEOC). If Kanter Freedom and White were to press the issue of their eligibility by bringing a state-level claim, and the players' union agreed with their position, but the league did not, Oleson says that would likely trigger arbitration under the Labor Management Relations Act (LMRA) to decide how "women" should be defined. "If, however, the WNBPA and the league both agreed that Kanter Freedom and White were ineligible under the current CBA, LMRA would not apply and a case could proceed to court.

Can teams just quietly agree to not draft or sign Kanter Freedom and White? If Kanter Freedom and White decided to sue to try and force the WNBA to let them play, a relevant legal question would be their identities. 23 Sky game against the Fever, Kanter Freedom is referred to with he/him pronouns and the document says that Kanter Freedom "has self-identified as a player who is eligible to play in the WNBA. Kanter Freedom and White saying they are transgender would likely be litigated, specifically questioning the authenticity of those claims.

Kanter Freedom and White would be deposed under oath.

What happens next

28, when White sat courtside at Indiana's Gainbridge Fieldhouse wearing a blond wig. The document does not elaborate on who the WNBA considers to be a woman or any process by which a transgender woman could become eligible. There is a 34-year-old transgender woman currently playing in the second-tier French league who could potentially be eligible for the WNBA, but given her age and that she's not a top-level player in the country's best league, she's not likely to get a look by the WNBA, which is considerably more competitive.

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