


Maine State Representative Laurel Libby, who was censured by House Democrats last month for making a Facebook post about a transgender high-school athlete, filed a federal lawsuit on Tuesday claiming the censure is unconstitutional retaliation.
Libby, a Republican from Auburn, and six of her constituents filed the lawsuit against House Speaker Ryan Fecteau and House Clerk Robert Hunt alleging that she has been unconstitutionally stripped of her right to speak and vote on the House floor.
In addition to violating Libby’s free-speech rights, the plaintiffs allege that her censure violates the due-process and equal-protection rights of her roughly 9,000 constituents. The plaintiffs have requested a preliminary injunction to restore Libby’s voting rights.
Libby, in a prepared statement, claimed that Fecteau and Maine’s Democratic House majority have “resorted to canceling and silencing” her.
“I have the constitutional right to speak out and my constituents have the right to full representation in the Maine House,” she said. “Biological males have no place in girls’ sports. Our girls have every right, under federal law, to fair competition in sports. We will not let them be erased by the Democratic majority advancing a woke progressive agenda.”
A spokeswoman for Fecteau declined to comment on the lawsuit.
The dispute between Libby and Fecteau started after Libby made a mid-February Facebook post highlighting a male high-school pole vaulter who placed fifth in a boys’ competition last year and then won the girls’ state championship this year. His win led to Greely High School winning the state track-and-field championship by one point.
President Donald Trump took notice, and he and Maine Governor Janet Mills sparred last month over her state’s refusal to abide by his executive order barring men from competing in women’s sports. The Trump administration has since put the Maine Department of Education on notice that it is violating federal civil rights law by continuing to allow males to participate in female competitions.
After Libby’s Facebook post went viral, Fecteau requested that she take it down, according to the lawsuit. She refused. He responded by publicly calling for Mainers to “reject hateful rhetoric from divisive politicians” and said that “All kids, including transgender students, deserve better than to be used as political fodder for internet bullies.”
Fecteau said transgender students “deserve to be your true self at home, at school and when participating in sports.”
Libby, a mother of five — including three girls — was censured by Maine House Democrats in a party-line, 75-70 vote. They called her posts “reprehensible” and “incompatible with her duty and responsibilities as a Member of [the] House.”
But Libby’s lawsuit notes that Mills, the governor, has stated that policies about transgender sports participation are “worthy of a debate, a full, democratic debate.”
“But the House is actively barring one of its staunchest advocates on the issue from participating as a full member of the House,” the lawsuit states.
The lawsuit also notes that the state championship track-and-field results were publicly reported online with the athletes’ names, schools, and photos, and that media outlets reported on the results, too. “The entire point of the victory podium is to publicize the winner of the event,” the lawsuit says.
Maine’s state government is all-in on the side of transgender activists. The state’s Human Rights Act was amended in 2021 to include gender identity as a protected class against discrimination. In 2016, the Maine Human Rights Commission released a memo stating that schools must use their students’ preferred names and pronouns, allow them to use restrooms and locker rooms consistent with their gender identity, and allow them to compete on sports teams consistent with their gender identity.
After Trump issued his executive order barring males from competing in female sports, Mike Burnham, executive director of the Maine Principals’ Association, said it is in conflict with the state’s Human Rights Act, and the association “will continue to follow state law as it pertains to gender identity.”