Maine Rep. Laurel Libby's lawsuit over censure for trans athlete post goes to federal court
Maine state representative Laurel Libby's lawsuit over her recent censure by the state legislature went to federal court on Friday for its first hearing in Rhode Island. U.S. District Court Judge Melissa DuBose is presiding over the case and will issue a ruling in response to Libby's request for a preliminary injunction in the coming weeks.
DuBose was appointed by former President Joe Biden in early January.
Libby is suing Maine House Speaker Ryan Fecteau and House of Representatives clerk Robert Hunt after the Democrat majority voted to censure her over a February social media post that identified a trans athlete who won a state pole vault competition.
The premise of the censure was based on Libby's post identifying a minor by name and in a photo.
But Libby and her attorney, Patrick Strawbridge, claim that a censure against her violates her First Amendment rights and disenfranchises her more than 9,000 constituents. On Friday, they argued that the punishment was "extreme" and enters "unprecedented territory" by silencing an elected official.
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Maine Assistant Attorneys General Jonathan Bolton and Kimberly Patwardhan, representing Fecteau and the state, defended the censure, arguing that decisions on voting, adopting rules, and punishing members are within the constitutional authority of the Maine House.
Libby told Fox News Digital that she feels "optimistic" coming out of the first hearing.
"I think that our case is strong, and whether it is resolved now or at any step in the future, I feel that in the end we will prevail. I'm optimistic, certainly after today, and hopeful that the court is going to see the damage that is being done to our constituents," Libby said.
"What was notable to me was the AAG's reliance on the legislature being above the law … they are almost entirely relying on legislative immunity."
Libby's initial social media post thrust Maine into an ongoing conflict with the federal government over the state's refusal to ban trans athletes from women's sports.
The state has refused to comply with President Donald Trump's February executive order to ban trans athletes from girls and women's sports, prompting immense federal pressure. Trump initially vowed to cut federal funding to the state if it refused to comply with the order during a Feb. 20 speech, days after Libby made her social media post.
The U.S. Department of Agriculture announced on Wednesday a pause and an ongoing review of federal funding to Maine after the state refused to provide equal opportunities to women and girls in educational programs.
The free speech group FIRE filed an amicus brief in support of Libby on Thursday the day before the first hearing.
"If political majorities can impose draconian sanctions on political minorities, then no viewpoint is safe. That’s no way to uphold America’s robust commitment to free and open political speech, and that’s why the First Amendment forbids officials from retaliating against dissenting views," FIRE supervising senior attorney JT Morris told Fox News Digital.
All of Maine's federal judges have recused themselves from the case.
The judges, John C. Nivison, John A. Woodcock, Lance E. Walker, Karen F. Wolf, Stacey D. Neumann and Nancy Torresen, signed recusal orders on Tuesday, shortly after the case was initially filed. No reason was provided for the judges' recusal. The case has since been referred to the District of Rhode Island.
On March 20, Libby was permitted to speak and present 10 amendments during a vote of the state's bi-annual budget. One of those amendments was not related to the budget, but was a proposal to keep trans athletes out of girls' sports.
However, when Libby did speak to present her amendments, multiple Democrats protested, instigating a debate with Republican representatives. Ultimately, Libby's amendments were not even considered, and Democrats moved to have the amendments indefinitely postponed.
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