WHAT YOU NEED TO KNOW
  • A resurfaced 2019 video shows James Talarico describing denial of a child’s gender identity as potentially abusive.
  • Talarico opposed legislation limiting courts from considering parental acknowledgment of gender identity in child custody cases.
  • A stronger version passed the Texas House in May 2025 and became law despite Talarico’s opposition.
  • Talarico’s campaign said he believes parents have the most important say in decisions about their children.

A resurfaced 2019 video is renewing scrutiny of James Talarico, the Democratic candidate for U.S. Senate in Texas, over comments he made about parents who refuse to acknowledge a child’s gender identity. Talarico made the remarks while serving as a state lawmaker.

"I think there are some folks that would think that if you deny your child's gender identity, that's incredibly harmful. And whether or not we label it with the term abuse, it's abusive for sure," Talarico said during a committee hearing in the Texas Legislature.

The comments have emerged as Talarico attempts to present himself as a moderate on gender, policing and border security while campaigning in historically Republican leaning Texas. He is running against Republican Ken Paxton ahead of the Nov. 3 general election.

At the hearing, Talarico was discussing HB 1910, legislation focused on custody decisions involving a parent’s response to a child’s gender identity. The proposal sought to prevent parents who declined to affirm that identity from being deemed guilty of child abuse in such cases.

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"In determining whether to appoint a party as a sole or joint managing conservator of a child, the court may not consider evidence regarding whether the party demonstrates a history or pattern of acknowledging or declining to acknowledge the child’s gender identity or expression," the legislation’s text read.

Talarico opposed the bill because he did not want to categorically exclude a lack of acknowledgment from conduct that could be considered abuse. He argued that refusing to recognize a child’s gender identity could, in some circumstances, border on abusive behavior.

"My concern is ruling it out as not being abuse, I think, is dangerous and could certainly harm some of our most vulnerable kids in the state."

Talarico returned to that position during the hearing, describing the behavior as damaging to children. "Some of us I think really do consider this abusive behavior… an unwillingness to identify, acknowledge a child's gender identity. We consider that abusive to the child, abusive and destructive," Talarico said.

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The version of HB 1910 discussed during the 2019 hearing died in committee. A later and stronger version passed the Texas House in May 2025 and ultimately became law.

Talarico opposed that version as well, casting one of 59 nay votes. He also supported an amendment that would have ended the law in 2030 and another amendment addressing rejection of a child’s gender identity or sexual orientation.

The author of the separate amendment said "rejecting a child's gender identity or sexual orientation is abuse" and "should be treated as such under Texas law." Talarico voted in favor of that amendment.

The resurfaced remarks prompted a blistering response from Zach Kraft, a spokesperson for the Republican National Committee. "Only perverts and pedophiles think about what is in little kids' pants as much as James Talafreako. He is a truly sick individual for dedicating his life to pushing sex changes on other people's kids," Kraft said in a statement to Fox News Digital.

Talarico’s campaign offered a sharply different account of his position when asked about the legislation and his statements during the committee hearing. The campaign said he supports and respects parental decisions concerning children.

"James believes parents have the most important say in decisions about their children, which is why he sponsored a bill to protect parental rights and ensure parents are responsible for the upbringing of their own kids. While James has fought for Texas parents and families, Ken Paxton has endangered them by allowing pedophiles back on our streets," campaign spokesperson JT Ennis said.

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