Federal judge rejects Maine lawmaker’s suit over censure

(The Center Square) — A federal judge has rejected a lawsuit filed by Republican Maine Rep. Laurel Libby against Democratic House Speaker Ryan Fecteau over her censure for comments made about a transgender athlete competing in girls’ sports.

In the ruling, U.S. District Court Judge Melissa DuBose refused to grant a preliminary injunction blocking the state House of Representatives’ vote to censure Libby, an Auburn Republican, after she shared photos of a transgender Maine high school student in a Facebook post, which she argued had violated her constitutional rights. DuBose said the censure was an internal matter involving the Maine Legislature’s long-established rules.

“In short, Speaker Fecteau’s imposition of the sanction plainly identified in the House of Representatives Rule that governs when House members are found in breach of House rules is a legislative act that does not, according to binding case law and within the context of this censure, qualify for the narrow exception carved out for conduct of an extraordinary character,” she wrote. “The court, therefore, denies the motion for preliminary injunction.”

Libby said she was “disappointed” by the judge’s ruling, but vowed to appeal it.

“It doesn’t change the fact that Ryan Fecteau and Maine Democrats abused their power in order to silence dissent, disenfranchise nearly 9,000 of my constituents, and suppress the voices they disagree with,” Libby said. “The courts must stand up to this abuse of power which contradicts the very rationale for representative democracy.”

In February, House Democrats censured Libby in a 75-70 vote because she posted a photo of the student last month and criticized Maine’s laws. Under legislative rules, the censure bars Libby from voting on bills or speaking on the House floor until she offers a public apology. She has refused to apologize or take down the Facebook post.

Libby’s attorneys said Fecteau’s claims that her social media post 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.”

The lawsuit argued that the censure violated her First Amendment and Fourteenth Amendment rights because her social media posts were constitutionally protected speech on a matter of public discourse. It said the vote barring the GOP lawmaker from speaking or voting on the House floor “prevents Rep. Libby from doing her job, interferes with her ability to adequately perform her elected duties.”

Maine has become a flashpoint in the national debate over transgender athletes in girls’ and female sports since Trump vowed to withhold federal funding from any state that fails to comply with his “Keeping Men Out of Women’s Sports” executive order.

Last week, Attorney General Pam Bondi announced that the U.S. Department of Justice is taking the Maine Department of Education to court over alleged violations of Title IX for allowing the participation of male athletes in female-only high school and college sports. Libby attended the press conference with Bondi, who accused the state and its education officials of “discriminating” against women.

The federal agency said it will also begin administrative proceedings to pull back the state’s federal K through 12 education funding, including formula funds and discretionary grants.

Gov. Janet Mills, a Democrat, has refused to comply with Trump’s directive, criticized the lawsuit as “politically motivated” and vowed to “vigorously defend” the state against the allegations outlined in the DOJ’s complaint.

Libby argues that Mills and Democratic lawmakers are intent on “canceling and silencing” her criticism of the state’s transgender policies, which is putting hundreds of millions of dollars in federal funding for Maine schools at risk.

“This fight is far from over,” she said in her statement. “I will continue to demand my constituents have full representation, speak up for women and girls’ rights, and fight back against the radical politicians in Augusta who are putting their ideology ahead of the people they’re supposed to serve.”