Supreme Court Hands Victory, for Now, to Maine Lawmaker Censured Over Anti-Transgender Posting

The Supreme Court said Tuesday that the Maine House of Representatives cannot bar a Republican lawmaker from carrying out her duties after she was censured for posting the first name and photo of a transgender athlete on social media.Laurel Libby had asked the Supreme Court to get involved, claiming her first Amendment rights were being violated.‘Victory,’ Ms. Libby said on X after the ruling, calling it a win for free speech and the Constitution. “After 2+ months of being silenced for speaking up for Maine girls, I can once again vote on behalf of the people.”The Speaker of the Maine House of Representatives stripped Ms. Libby of her power to speak on the House floor and her ability to vote on legislation claiming she needed to apologize for the post. Ms. Libby refused and said she was being asked to recant her views.“I will not be silenced,” Ms. Libby said.The high court’s ruling restores her ability to vote as her lawsuit over the censure plays out.The Attorney General of West Virginia and 14 other states filed an amicus brief with the Supreme Court supporting Ms. Libby and asked justices to grant an injunction in the case. “The principle that members can’t be unilaterally stripped of voting rights has been recognized through all of our nation’s existence,” the brief stated. The Justice Department also filed a brief in support of Ms. Libby.Maine had asked the Supreme Court to stay out of it, claiming Ms. Libby put the child’s safety at risk and simply needed to apologize. “Rep. Libby has steadfastly refused to comply with this modest punishment, which is designed to restore the integrity and reputation of the body,” Maine’s attorney general, Aaron Frey, wrote.The events started unfolding in February, when Ms. Libby posted a photo on X and identified a trans athlete who won the state girls championship for pole vaulting. She posted a follow-up stating that the student had competed in the competition the previous year as a boy and took fifth place.Ms. Libby said the house speaker called her the next day and asked her to take the post down. She noted that no one from the athlete’s family had reached out to her about the post and the athlete’s name was already published in the newspaper as part of a recap of the competition.After she refused, the speaker introduced a censure resolution. It passed 75-70 on a party-line vote. Unlike most states where censure is a minor infraction, Maine treats it differently and strips important privileges from members. Ms. Libby filed a federal lawsuit on March 11 to get the censure overturned, saying it left her constituents without a voice in the legislature. A U.S. district judge ruled against her on April 22 and an appeals court rejected her appeal.Maine’s position on allowing transgender athletes to compete has gotten national attention. President Trump issued an executive order shortly after his inauguration requiring athletes to play on teams that coincide with the sex they were assigned at birth.Mr. Trump and Governor Mills got into a verbal spat over the during a public event at The White House in February. He warned her about complying with the executive order. Ms. Mills replied by telling the president that her state would “comply with state and federal law” and that she would “see you in court.”“You better do it because you’re not going to get any federal funding at all if you don’t,” Mr. Trump replied.Justices Sonia Sotomayor and Ketanji Brown Jackson dissented from the unsigned decision.The US Department of Agriculture suspended funds for child nutrition programs in Maine schools. Maine sued but dropped the lawsuit after the USDA agreed to restore funding.The Trump administration announced plans last month to file a federal civil lawsuit accusing Maine’s Department of Education of defying its order to ban transgender individuals from girls’ sports.

Supreme Court Hands Victory, for Now, to Maine Lawmaker Censured Over Anti-Transgender Posting

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