During the Aug.16 game in Atlanta between the Indiana Fever and the Atlanta Dream, league security reportedly threatened to eject a mother and daughter sitting courtside in "XX-XY Athletics" shirts (shown above) supporting Fever guard Sophie Cunningham's stance on women's sports.
The league issued an apology after the fans were ordered to put on Atlanta Dream shirts over their clothes or face ejection, calling the incident a mistake.
Talking about this on Fox News Channel's "America Reports" program, Jennifer Sey, who founded the XX-XY Athletics apparel company, said the apology did not go far enough to address censorship inside the arena.
"I would say it's a pretty weak apology from the WNBA," she stated. "They said this should not have happened; they didn't say we instructed security guards to do so, which I'm pretty sure happened."
Article XIII of the WNBA Collective Bargaining Agreement states broadly that "only players who are women are eligible to play in the WNBA," but the agreement does not explicitly define "women," and Commissioner Cathy Engelberg (pictured left) has been called out for her "spineless leadership" on what she calls "a complex and nuanced topic."
The WNBA maintains that its security guidelines allow fans to express diverse views, though questions remain over how those policies are enforced on the arena floor.
Earlier this month, the Women's National Basketball Players Association released an official statement condemning the "hate, abuse, and demonization" of transgender people, emphasizing that the union embraces diversity and will not allow its platforms to be used as political pawns.
Golden State Valkyries forward Gabby Williams has noted publicly that she would welcome a transgender athlete to play "on my team or against my team, any time," and her coach, Natalie Nakase, has championed broad inclusion and stated that men belong in women's sports.
Noting also that Minnesota Lynx head coach Cheryl Reeve was allowed to wear a "Trans Kids Belong" T-shirt during a game earlier this month, Sey sees a clear double standard in how the league and stadium staff handle political messaging from opposing sides.
At the Atlanta game, another fan wearing a pro-transgender shirt was also asked to cover up, but Sey said that messaging was displayed prominently on the jumbotron.
"They're trying to manufacture a consensus that doesn't exist," she submitted. "There is a groundswell of support from normies who know that men and women are different and women deserve their own sports. The WNBA is trying to control it, and they can't. At this point, they just look ridiculous."
With male athletes considering entering future WNBA drafts to push for policy clarity, Sey thinks it is time for the league to follow the lead of the Women's Tennis Association and the International Olympic Committee, which have established firm eligibility rules based on biology.
"Show some leadership … and say you're going to protect women's basketball and that it should be for women only," Sey urged. "It's not hard."