Texas Attorney General Ken Paxton said he is looking into how the Women's National Basketball Association treats fans supporting Indiana Fever player Sophie Cunningham after attending a game in Dallas.
Speaking to Fox News on Thursday evening, Paxton expressed concern over the handling of spectators at WNBA games following public backlash and demonstrations triggered by Cunningham's comments on transgender athletes.
The controversy began when Cunningham, a guard for the Fever, publicly spoke out about "protecting young girls" in women's athletics, embroiling the league in a debate over athlete participation rules.
Paxton attended the game between the Indiana Fever and the Dallas Wings at the American Airlines Center in Dallas, Texas. He noted that while he believes league officials are working on the situation, state officials are monitoring spectator treatment.
"Look, I think they're working on it," Paxton told Fox News. "I have concerns.. but I'm hopeful that things are getting better in that regard."
Paxton stopped short of saying he would take legal action if Cunningham's supporters face unfair treatment, but confirmed his office is examining the issue. "Look, we're looking at it," Paxton said. "We wanna make sure that they are treated fairly."
Tensions at WNBA Arenas
Cunningham has been met with boos at most games since making her remarks. Protests and counter-demonstrations supporting her stance have also become commonplace at basketball venues across the country.
The WNBA, founded in 1996 as the premier professional basketball league for women in North America, has seen heightened public scrutiny surrounding fan management at recent contests.
At a recent game on Sunday night, league security told a mother and daughter wearing T-shirts supporting Cunningham's stance to cover them up or remove their apparel, which security characterized as offensive.
The WNBA later admitted that arena security officers were wrong to order the removal of the pro-women shirts, stating that the incident "shouldn't have happened."
Before Thursday's matchup at the American Airlines Center, women's sports advocates rallied outside the Dallas arena. Paxton attended the game alongside his daughter Mattie, with both wearing matching XX-XY shirts in support of female athletes.
Paxton praised the Indiana Fever player for taking a public position despite facing opposition during games.
"Look, I admire her," Paxton said of Cunningham. "She's got tremendous courage. It's what we need in our country, more courage, standing up for what is right, and actually standing up for young women that want the opportunity to compete in sports."
Paxton added: "Obviously, we have these policies where men compete against women, which makes it very difficult for these women to compete in sports."
"Instead of criticizing her, how about we admire something of great courage, which is what she has accomplished as a young woman," Paxton said. "Standing up is very difficult. Very few people are willing to do it, and I have a lot of admiration. I hope a lot of Texans have a lot of admiration for what she has accomplished at such a young age."
State Laws and WNBA Eligibility
Paxton claimed that Texas has enacted state legislation to "protect against men in women's sports and boys in girls' sports."
Texas law requires student athletes at public elementary schools, high schools, and public colleges to compete based on their biological sex assigned at birth. However, state statutes do not directly govern player eligibility rules for the WNBA.
Following Cunningham's public comments, two former National Basketball Association players, Enes Kanter Freedom and Royce White, seized upon the debate to make a political point. Both athletes announced plans to enter the 2027 WNBA Draft to challenge the league's eligibility standards.
Kanter Freedom, a former NBA center who played eleven seasons in the league, and White, a former first-round draft pick, decided to test the rules after reviewing league documents.
The WNBA collective bargaining agreement states that only women are eligible to play in the league. However, the agreement provides no explicit definition of the term woman and contains no detailed policy regarding transgender participation.
The league rejected the campaign launched by Kanter Freedom and White, dismissing the draft applications as a "bad-faith" effort.
Challenge to League Rules
Paxton cited the draft declarations by Kanter Freedom and White as an example of potential contradictions within current athletic regulations.
"Look, it highlights the crazy insanity of this whole transgender movement," Paxton said of the campaign. "When these guys can declare, and it's under the rules, they're perfectly within their rights to do it. So I think they're just highlighting the ludicrousness of what the WNBA is promoting here."
When asked what action Texas would take if either former NBA player were drafted by a WNBA franchise and scheduled to play in Dallas, Paxton declined to specify state measures.
"We'll just have to see," Paxton answered. "We don't know how the WNBA is gonna handle this. But we certainly, we in Texas, we are promoting no boys in girls' sports because it's completely unfair."
Legal Action Against Governing Bodies
Paxton's comments regarding the WNBA follow previous legal challenges initiated by his office against major athletic governing bodies operating within Texas.
In December 2024, Paxton sued the National Collegiate Athletic Association, the primary governing organization for college athletics in the United States. The lawsuit accused the NCAA of violating the Texas Deceptive Trade Practices Act by marketing events as women's competitions while permitting biological males to compete.
The NCAA updated its participation policy in February of last year to restrict entry in women's sports divisions to athletes who were assigned female at birth.
However, Paxton argued that the policy revision was insufficient to ensure full compliance. He subsequently petitioned the NCAA to require mandatory gender screening for all competitors in women's collegiate events.
