
A Maine Republican is suing her state’s Democratic leadership after she says that her First Amendment rights were violated because she was censured for attacking a transgender minor in a social media post.
“It’s so obvious my censure is retaliation because they do not want to have a debate about the real issue, which is biological males participating in girls’ sports,” state Rep. Laurel Libby (R) said.
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Last month, Libby posted pictures of a trans student-athlete before and after her transition and included the teen’s deadname. The student competed in and won girls pole vault at a track meet.
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Libby’s post went viral on the right and she was criticized for bringing so much negative attention to a minor in order to advance a political argument. Maine state House Speaker Ryan Fecteau (D) – who is an out gay man – asked her to take the post down, but she refused.
“This is an issue that is pertinent to all Mainers, but especially Maine girls, who should be able to expect a level playing field and, right now, they don’t have that,” Libby said in an interview with the Portland Press Herald. “It’s absolutely unfair to female athletes who work hard every day to compete in their respective sports and who have to compete against male athletes.”
A resolution censuring her was passed by the Maine House of Representatives in a 75-70 party-line vote. The resolution called her post “reprehensible” and “incompatible with her duty and responsibilities as a member of the House.”
The resolution bars her from speaking or voting on the state House floor but says that she could get her privileges back if she apologizes.
Libby is now suing Fecteau, saying that her First Amendment rights are being violated by not being allowed to speak on the House floor. She also alleges that the censure violates the Equal Protection, Due Process, and Guarantee Clauses of the U.S. Constitution. The Guarantee Clause says that all states will have a “republican form of government.”
Her suit says that the track meet was “a public event, was streamed online, and the names, schools, and photographs of the winners were posted publicly,” so there shouldn’t have been a problem with her posting the information to social media.
“It’s so obvious my censure is retaliation because they do not want to have a debate about the real issue, which is biological males participating in girls’ sports,” she told CNN.
Libby’s post went viral among her rightwing MAGA allies, including aggrieved former college swimmer and anti-trans agitator Riley Gaines, who reposted it denouncing Maine’s “disregard” for “President [Donald] Trump’s beautifully written Executive Order” banning trans athletes from women’s and girls’ sports.
Libby’s post came just days before Trump confronted Maine Gov. Janet Mills (D) at a governors’ meeting at the White House. After Trump publicly threatened to withhold federal funding from the state over the issue, Mills shot back, “See you in court.”
“Enjoy your life after governor, because I don’t think you’ll be in elected politics,” Trump replied acidly.
Following the confrontation, two federal agencies in quick succession launched investigations into Maine’s non-compliance with Trump’s trans ban.
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