Supreme Court orders Maine House to restore vote of GOP lawmaker who ID-ed
trans teen athlete online
[May 21, 2025]
By LINDSAY WHITEHURST and PATRICK WHITTLE
WASHINGTON (AP) — The Supreme Court on Tuesday ordered the Maine
legislature to count the votes of a GOP lawmaker who was censured after
she identified a transgender teen athlete in a viral social-media post.
The court majority sided with Rep. Laurel Libby, who filed an emergency
appeal to restore her ability to vote while her lawsuit over the
punishment plays out. There were two noted dissents, Justices Sonia
Sotomayor and Ketanji Brown Jackson.
The majority did not explain its reasoning, as is typical on the court's
emergency docket. Jackson, for her part, said the case isn't an
emergency in need of Supreme Court intervention since there are no
significant upcoming votes where Libby's participation could change the
outcome. She acknowledged, though, that the case “raises many difficult
questions” and Libby may ultimately win.
The Democratic-controlled state House censured Libby after finding her
viral post had violated its code of ethics by putting the student at
risk. She was blocked from speaking and voting on the floor after she
refused to apologize.
Libby has argued that the punishment violates free-speech rights. She
said the court’s decision restores a voice in the Legislature for the
thousands of constituents she represents. “This is a victory not just
for my constituents, but for the Constitution itself," she said.
Maine state attorneys argued that she still has other ways to
participate in the legislative process, and would regain her voting
power if she apologized. The Maine attorney general's office declined to
comment Tuesday. House Speaker Ryan Fecteau said the House is complying
with the ruling.
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State Rep. Laurel Libby, R-Auburn, speaks with a colleague, Feb. 14,
2023, at the State House in Augusta, Maine. (AP Photo/Robert F.
Bukaty, File)
“In accordance with the Supreme Court’s injunction pending appeal,
Representative Libby’s ability to vote on the floor of the House has
been restored until the current appeal process runs its course," he
said.
The Supreme Court's order halts a lower court ruling that the
sanction isn’t severe enough to overcome legal blocks on courts
intervening with legislative functions.
Libby's February post was about a high school athlete who won a
girls’ track competition. She said the student had previously
competed in boys’ track. Her post included a photo of the student
and first-name identification in quotation marks.
Libby’s post went viral, preceding a public disagreement over the
issue between Republican President Donald Trump and Democratic Maine
Gov. Janet Mills. The Trump administration later filed a lawsuit
against the state for not complying with the government’s push to
ban transgender athletes.
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