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The Alliance Defending Freedom, a legal organization that recently won two Supreme Court cases defending state laws protecting women’s sports, delivered a formal letter to the WNBA on Friday raising concerns about fan treatment at recent league games. The correspondence followed confrontations at games in Seattle and Atlanta involving supporters of Indiana Fever player Sophie Cunningham, who has publicly opposed transgender participation in women’s athletics.
Suzanne Beecher, ADF’s legal counsel, told Fox News Digital that federal and state constitutional protections regarding free speech may apply to WNBA venues, particularly if public funds support facility operations. Beecher stated that potential First Amendment violations occurred when fans expressing support for Cunningham’s position were confronted or restricted by league personnel. Though no lawsuit has been filed, ADF is demanding that the WNBA establish transparent policies, train employees and security consistently, and enforce rules uniformly regardless of the viewpoint expressed.
On July 28 at Seattle’s Climate Pledge Arena, two teenage girls wearing XX-XY Athletics merchandise and holding pro-Cunningham signs were approached by Storm minority owner Celeste Keaton, who allegedly berated them with profanity. The incident left one girl in tears. The WNBA subsequently fined Keaton and suspended her from five home games, with the Storm issuing an apology acknowledging all attendees deserve respect and welcome.
A comparable incident occurred August 16 during an Atlanta Dream game when WNBA security ordered a mother and daughter wearing XX-XY Athletics shirts to cover them or leave the arena. A separate fan wearing a pro-transgender rights shirt received the same directive. The league acknowledged the security personnel’s actions were inappropriate and stated such restrictions should not occur.
Beecher emphasized that while the WNBA’s statements represented initial progress, the second incident demonstrated insufficient follow-up action. She stressed that reasonable expression restrictions must apply equally across all viewpoints in the transgender-athlete debate rather than favoring one position. The ADF attorney also called on the league to clarify its player eligibility rules, noting the current collective bargaining agreement permits only “women” to compete without defining the term by biological sex or gender identity.
Commissioner Cathy Engelbert previously stated that some parties were attempting to weaponize the league as a “political football,” while a league task force continues reviewing transgender participation policies. Beecher indicated ADF prefers collaborative resolution with the WNBA over litigation, aiming to ensure consistent respect for all fan rights moving forward.
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