Maine state Rep. Laurel Libby is seeking emergency intervention from the Supreme Court after the Democratic legislature censored her for disapproving of allowing a biological male to compete on a women’s team.
The legislator banned Libby, a Republican, from voting on bills or speaking on the floor of the state House in February. Lawmakers’ 75-70 vote censures Libby from legislative participation until she publicly apologizes for a social media post where she shared the first name and a photo of the transgender athlete who won the high school Class B state championship in pole vault. The win also clinched Maine’s overall girls’ state championship for Greely High School in February.
“For over 60 days my constituents have had no say in any actions taken by their government, actions that directly impact their lives,” Libby said in a statement on Monday announcing she is seeking an emergency injunction from the Supreme Court to stop the censure. “Every vote taken on the floor of the legislature is a vote my constituents cannot get back. The good people of our district have been silenced and disenfranchised.”
“We are hopeful the Court will act swiftly to halt the Democrats’ ongoing violation of the Constitution and suppression of dissenting voices, even as the broader case continues through the appeals process,” she continued.
The situation stems from a Feb. 17 Facebook post by Libby highlighting the Greely High School student who won the girls’ Class B pole vault that month. The transgender student cleared 10 feet, 6 inches in the Class B girls’ pole-vaulting championship, finishing more than six inches ahead of the next-best competitor, helping the school secure the overall girls’ team title by just 1 point.
Libby said in the Facebook post that the same student tied for fifth place last year in the boys’ Class B pole vault.
Maine Democrats, who control the state legislature, claimed her actions violated ethics rules.
”Sharing images of kids online without their consent is a clear violation of the bond of trust and respect between citizens and their Legislators. There is a time and place for policy debates. That time and place will never be a social media post attacking a Maine student. Maine kids, and all Maine people, deserve better,” State Democratic House Speaker Ryan Fecteau said.
In turn, Libby filed a lawsuit against Fecteau, arguing that the censure violated protected rights to free speech guaranteed under the Constitution. The transgender athlete’s name and image were already publicly available online because the state championship results were publicly reported, she added in the lawsuit.
“The complaint that Rep. Libby’s speech somehow threatened child safety is irreconcilable with the fact that her speech addresses what occurred at a public competition with publicly available photos already on the internet. There is nothing illegal or threatening about Rep. Libby’s posts, and at no point has she enabled or encouraged any attacks on any individual student,” the lawsuit stated. “Instead, she has focused on the state government’s unfair policy and the rights of girls to compete fairly and safely in high school athletics.”
Libby has suffered a string of court losses. Rhode Island U.S. District Court Judge Melissa DuBose ruled against her this month, and the First Circuit Court of Appeals also ruled against the Maine Republican.
Libby’s lawsuit comes as Maine’s Democratic governor has become embroiled with the Trump administration over transgender policy. Gov. Janet Mills (D-ME) has refused to comply with the Department of Education’s Title IX policy that prohibits schools that receive federal funding from allowing biological males to compete on female athletic teams.
BONDI ANNOUNCES DOJ LAWSUIT AGAINST MAINE OVER TRANSGENDER SPORTS DISPUTE
Earlier this month, the Department of Justice announced a lawsuit against Maine over the dispute.
“By prioritizing gender identity over biological reality, Maine’s policies deprive girl athletes of fair competition, deny them equal athletic opportunities, and expose them to heightened risks of physical injury and physiological harm,” the DOJ’s complaint read.