A Maine lawmaker has filed a federal lawsuit accusing the Democrat-controlled state legislature of violating her First Amendment rights by censuring her over a social-media post about a transgender high-school athlete.
The Maine House voted 75-70 along party lines last month to censure Republican state Rep. Laurel Libby, forbidding her from voting or speaking on the floor.
The ban will stand until she apologizes for the Facebook post drawing attention to a male-born pole-vaulter who won a girls’ state championship.
Ms. Libby responded Tuesday by suing House Speaker Ryan Fecteau, a Democrat, in U.S. District Court for the District of Maine, asking the court to overturn the censure.
“Instead of having an open and honest debate about the devastating impacts of Maine girls being forced to compete against biological males, Speaker Fecteau and his Democratic colleagues resorted to canceling and silencing me,” she said in a Tuesday statement.
Ms. Libby said she refused a request by Mr. Fecteau to remove her Feb. 17 post, which showed side-by-side photos of the Greely High School athlete placing fifth last year in the boys’ pole vault, and first this year in the girls’ pole vault, at the Class B Indoor Track and Field State Championship.
The lawmaker identified the athletes in both photos, but only by first name.
In addition, the Greely girls’ team won the overall state championship, edging by one point the runner-up, Freeport High School, whose two pole-vaulters tied for second place.
After the post went viral, Mr. Fecteau scolded the Republican for “using children to score political points.” The pole-vaulter in question is a minor.
“Politicians have long abided by the standard of not using children to score political points,” Mr. Fecteau said in a Feb. 20 statement on Spectrum News. “All kids, including transgender students, deserve better than to be used as political fodder for internet bullies.”
🚨 Another day, another instance of an unremarkable biological male athlete (who couldn’t win against other males) dominating girls’ sports.
— Rep. Laurel Libby (@laurel_libby) February 18, 2025
The censure resolution said that the lawmaker’s post “named the minor and used photos of the minor without that minor’s consent, in an effort to advance her political agenda.”
However, Ms. Libby argued that the state championship was a public event.
“The individual in question determined of his own free will to participate, and his photos are posted publicly on multiple websites,” she said during the Feb. 25 floor debate.
“The reason that folks are upset about this post is that it exposed truth, and now people are mad that, indeed, after being told that this is not happening and it doesn’t matter, that there are boys participating in girls’ sports,” the lawmaker said.
Her lawsuit accused the House of violating her constitutional rights to free speech, equal protection and due process. She seeks an injunction blocking the censure vote.
The legal fight comes with Maine Democrats under pressure to bar male-born athletes from girls’ sports or risk losing federal education funding under President Trump’s Feb. 5 executive order, “Keeping Men Out of Women’s Sports.”
The Department of Education’s Office for Civil Rights launched an investigation last month into whether Maine is violating Title IX by allowing male-born athletes to compete in female sports based on gender identity.
The department also said that it is investigating Maine School Administrative District #51, citing the report that Greely High School “is continuing to allow at least one male student to compete in girls’ categories,” said the department in a Feb. 21 statement.
Mr. Trump sparred publicly with Maine Gov. Janet Mills last month at an event with governors at the White House, telling her that she had “better comply” with the order or “you’re not getting any federal funding.”
Ms. Mills, a Democrat, replied: “We’ll see you in court.”
