A Republican state lawmaker from Maine has been facing backlash due to a Facebook post criticizing a transgender high school athlete. The Supreme Court made a ruling on this matter Tuesday while legal disputes are still ongoing.
The lawmaker, Rep. Laurel Libby, had her voting and speech privileges revoked by the Democratic majority in the Maine House of Representatives after her social media post in February.
Justices Sonia Sotomayor and Ketanji Brown Jackson dissented. Jackson mentioned that the situation didn’t necessarily call for the High Court’s urgent attention.
Jackson remarked, “The First Circuit is promptly analyzing the legal questions at hand and is anticipated to hold oral arguments in the coming weeks.”
She further pointed out that Libby had not indicated that any significant legislative votes were imminent, nor had she shown that her absence would cause substantial harm during the ongoing deliberations in lower courts.
Jackson expressed concern that this ruling could set a precedent for others to seek emergency interventions from the Supreme Court. Libby claimed her need for relief was “undeniably clear” but didn’t fully substantiate her argument.
Since December 2020, Libby has been working in the Maine Capitol. She faced criticism after sharing a photo of a transgender pole vaulter who won a state championship title.
In her February 17 Facebook post, Libby mentioned, “I found out a year ago that John was competing in the Boys Pole Vault. Tonight, ‘Katy’ took first in the Women’s Maine Class B Championship.”
After the post, Maine Democratic Chairman Ryan Fecto called for Libby to apologize, which she declined, resulting in her voting and speaking privileges being suspended.
On Tuesday, Libby celebrated on X: “Victory! The US Supreme Court has restored 9,000 voices in Maine! After two months of being silenced for advocating for a girl in Maine, I can vote again in House District 90. This is a win for free speech and the Constitution.”
Maine’s Democratic Attorney General, Aaron Frey, representing Fecto, argued that suspending Libby’s privileges was a “light punishment” in accordance with Capitol rules.
His office contended, “Rep. Libby has ignored this modest penalty meant to uphold integrity and reputation.” Frey indicated that Libby’s actions violated House Rule 401 (11).
This particular rule states that any member deemed in violation of it who participates in discussions or votes without having resolved their infraction will not be allowed to proceed until they express satisfaction over the matter.
Libby claimed that this suspension infringed upon her 14th Amendment rights, specifically the guarantee of equal protection.
