James Talarico, the Democratic nominee for U.S. Senate in Texas, introduced a bill in 2023 that would have created abortion protections using gender-neutral language, an approach now drawing renewed scrutiny as similar legislation advances in New York.
The measure would have prevented "the prosecution of a pregnant individual on whom an abortion is performed or induced" and sought to eliminate Texas laws regulating or prohibiting abortion. The bill never advanced past committee consideration.
Talarico is challenging Republican incumbent Ken Paxton, the state's attorney general, in what political analysts describe as an uphill campaign for the Democrat.
The resurfacing of Talarico's 2023 legislation coincides with New York passing comparable gender-neutral language changes in its laws. The New York bill would replace "mother" with "gestating parent," among other terminology shifts. It has cleared both chambers of the state legislature and awaits Gov. Kathy Hochul's signature.
What the Right Is Saying
Republican critics have seized on the language in Talarico's bill as evidence he holds views misaligned with Texas voters.
"James Talarico's entire career has been dedicated to replacing the Christian and family values of Texans with his transgender-for-all agenda," said Zach Kraft, a Republican National Committee spokesperson.
Kraft described Talarico as "a threat to Texans' way of life and a truly insane individual who has been fully broken by the woke mind virus."
Republicans argue that even though Talarico's bill failed to advance, its introduction demonstrates his priorities and willingness to pursue policies they contend are out of step with conservative Texas voters.
What the Left Is Saying
Talarico's campaign emphasized the abortion protection elements of his 2023 legislation in response to questions about the language used.
"James agrees with a majority of Texans that women should make decisions about their own bodies," said JT Ennis, a campaign spokesperson. "While billionaire-bought politicians like Ken Paxton spread lies to divide Texans, James will continue to stand up against both political parties to fix this broken, corrupt political system and support Texas families."
In a separate CBS interview last month, Talarico addressed previous comments about gender that had drawn criticism.
"I know there are two sexes, men and women," Talarico said when asked about his position. "I also know there's a very small percentage of people who have these chromosomal abnormalities and I believe they deserve to be treated with dignity and respect."
Talarico has stated he represents a moderate stance, telling CBS: "I've called out the extremes in both parties."
What the Numbers Show
Talarico is running as the Democratic nominee against Paxton in the 2026 Senate race. Paxton has served as Texas attorney general since 2015 and won the Republican nomination for Senate last year.
Texas remains one of the most restrictive states on abortion access following the Supreme Court's 2022 decision overturning Roe v. Wade. The state has a near-total ban with limited exceptions.
The New York legislation passed both chambers with support from Democratic majorities, reflecting what sponsors described as an effort to update legal terminology for accuracy and inclusivity.
The Bottom Line
Talarico's use of gender-neutral language in his 2023 bill has become a campaign issue as similar measures gain traction elsewhere. His campaign points to the abortion protection elements as central to the legislation, while Republicans argue the terminology reveals broader ideological priorities.
The controversy illustrates how debates over legal language intersect with the ongoing national conversation about abortion policy following the reversal of federal abortion protections. Talarico's position on both abortion rights and gender issues may face continued scrutiny as the campaign progresses toward November.