Top Dems silent after trans athlete they backed in SCOTUS case is accused of sexual harassment, intimidation
In November, 130 congressional Democrats signed an amicus brief supporting two transgender athletes who are plaintiffs in a pair of lawsuits that the U.S. Supreme Court is reviewing. The lawsuits challenged and blocked state laws in Idaho and West Virginia that banned biological males from women’s and girls’ sports. Supreme Court justices are set to review the cases, beginning with oral arguments on Jan. 13.
One of the plaintiffs in those cases, a transgender teen in West Virginia, has been accused of allegedly sexually harassing a former female teammate and using intimidation tactics against a female opponent, Fox News Digital reported Tuesday.
Fox News Digital has reached out to offices of some Democrats who signed the brief asking if they stand behind their signatures, in light of the allegations. Fox News Digital has not received any responses.
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House Minority Leader Hakeem Jeffires, D-N.Y.; Rep. Alexandria Ocasio-Cortez, D-N.Y.; Sen. Elizabeth Warren, D-Mass.; Rep. Nancy Pelosi, D-Calif.; Sen. Adam Schiff, D-Calif., Rep. Jasmine Crockett, D-Texas.; Rep. Ilhan Omar, D-Minn.; Sen. Tammy Baldwin, D-Wis.; Sen. Alex Padilla, D-Calif.; Rep. Pete Aguilar, D-Calif.; Sen. Ron Wyden, D-Ore.; Sen. Patty Murray, D-Wash.; Sen. Mazie Hirono, D-Hawaii, Sen. Edward Markey, D-Mass., and Sen. Jeff Merkely, D-Ore., are among the lawmakers who signed the amicus brief and have not responded to Fox News Digital's request for comment.
The 130-member coalition has come under scrutiny on social media since the allegations came to light.
Erika Donalds, the wife of Rep. Byron Donalds, R-Fla., named all 130 of the members in an X post on Tuesday, citing the allegations.
The conservative advocacy group, The American Principles Project, similarly condemned the 130 members amid the recent allegations, in an X post Tuesday.
"130 Congressional Democrats are urging SCOTUS to side with male athletes in a legal battle over men in women’s sports. One male athlete at the center of the case is accused of sexually harassing and intimidating his female teammates in the locker room. Why does the Left continue to die on this hill?" the organization wrote.
The amicus brief urged the Supreme Court justices to side with the two transgender plaintiffs, arguing, "Categorical bans—such as the bans in West Virginia and Idaho—undermine those protections and the ability of transgender students to be part of their school community."
Hirono wrote in a November announcement of the brief, "All students deserve equal access to opportunity in schools—whether in the classroom, on the playing field, or in other settings. No student should be discriminated against based on who they are.
"A categorical ban on transgender students participating in sports not only harms these students, but also subjects women and girls to harassment and discrimination, and leads to the policing of children’s bodies. This contradicts the very purpose of Title IX: ending discrimination in federally-funded education programs. These bans are blatant discrimination, and the Court should say so."
Two West Virginia female students and their families came forward with the allegations against one of the trans plaintiffs ahead of oral arguments for the case next week. The trans athlete is represented by the American Civil Liberties Union (ACLU). Fox News Digital is not disclosing the name of the trans athlete because the individual is a minor.
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Bridgeport High School female student Adaleia Cross, who is a former track and field teammate of the trans athlete when the two were at Bridgeport Middle School, alleges the trans athlete made comments to her that constituted sexual harassment in the girls' locker room. Cross, who is one year older than the trans athlete, said she quit the track and field team at Bridgeport High School last year as a sophomore to avoid sharing a locker room again with the trans athlete once that athlete reached high school.
Cross' mother, Abby, told Fox News Digital what the trans athlete allegedly said to her daughter when they shared the girls' locker room during the 2022-23 school year. Adaleia was in eighth grade, and the trans athlete was in seventh.
"When Adaleia first told us, she told us that [the trans athlete] was telling her and other girls ‘s--- my d---,’" Abby Cross alleged. "[The trans athlete] was saying to her, coming up and saying to her, ‘I’m going to stick my d--- in your p---- and also in your a--.' At different times [the trans athlete] was saying these things to her."
The mother said the comments were reported to the school.
The ACLU has responded to the Cross family's allegations.
"Our client and her mother deny these allegations and the school district investigated the allegations reported to the school by A.C. and found them to be unsubstantiated. We remain committed to defending the rights of all students under Title IX, including the right to a safe and inclusive learning environment free from harassment and discrimination," read an ACLU statement provided to Fox News Digital.
The Cross family's attorneys at Alliance Defending Freedom (ADF) have responded to the ACLU's statement.
"Our client has sworn under oath and under penalty of perjury in numerous cases about the events that took place between her and the male athlete. As a result of the situation, [Cross] had to step away from the sport she loved entirely and sacrifice a key element of her school experience to protect herself," read an ADF statement provided to Fox News Digital.
ADF is also representing the state of West Virginia against the trans athlete in the case that is set to be reviewed by the Supreme Court.
The ACLU has not responded to the ADF's response.
The Cross family said when they reported the alleged harassment to the school, nothing was done to reprimand the trans athlete, to their knowledge.
"They told me they would do a full investigation into what I told them," Adaleia said. "And then, all of a sudden, it was like nothing else was happening, it was done, and it seemed like they thought nothing of it because they didn't talk to us about it at all, they just left it there and didn't tell us anything else, so it just made it seemed like, yup it's done."
Her father, Holden Cross said, "We received no response from the school after filing the report."
Fox News Digital made repeated requests to the ACLU and the Harrison County School District, which oversees Bridgeport Middle School and Bridgeport High School, seeking documentation related to the school’s investigation and clarification on whether an investigation occurred and, if so, why only the Cross family was not notified of the results. Those requests have not been met.
Meanwhile, former Lincoln Middle School girls' track and field runner Emmy Salerno alleges the trans athlete used "intimidation tactics" against her after Salerno refused to compete against the trans athlete during an event in the 2024 spring season.
Salerno's protest came on April 18, 2024, when she and the trans athlete were in eighth grade. Salerno, along with four other girls, refused to compete in the girls' shot put competition that day at a local meet. Salerno claims her team was disqualified from the following meet, and then began to face intimidating stares from the trans athlete at public events.
"After we stepped out, it was an immediate personality change. He didn't want to talk to me. He just wanted to stare at me, and just stare down," Salerno told Fox News Digital.
Salerno has also provided Fox News Digital a screenshot of a Snapchat post, which appeared to be sent by the trans athlete, showing a photo of Salerno with a caption that reads, "Reminder that she has more testosterone than me."
Salerno said there was an incident where the trans athlete followed her while they were at a local basketball game, making intimidating stares, and Salerno was concerned the trans athlete would try to "fight" her.
"At the basketball game when he just followed me everywhere, I kind of felt like, ‘Is he gonna try to fight me?’" Salerno said. "'Is he going to try and sneak up behind me and punch me?'"
Salerno and her father say they believe the stares, following patterns and social media posts were "intimidation tactics," and there have been "lingering discomforts" stemming from the situation.
"I've always tried to avoid him everywhere I went," Salerno added.
The ACLU has not responded to Fox News Digital's request for a response to Salerno's allegations.
Salerno said she avoided competing against the trans athlete the following season, but rather than making a public protest, she simply told her coach to not include her in the lineup for the meets against the trans athlete to avoid penalty to the team.
Salerno claims she has also heard other girls in the community speak about the sexual harassment allegations made by Cross against the trans athlete. Salerno said she herself has never been in a locker room or bathroom with the trans athlete.
"Around track season, it gets more talked about," Salerno said of the sexual harassment allegations. "I heard through my school, people were talking about it."
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