Maine State Rep. Laurel Libby sues Speaker Ryan Fecteau over censure in House for post about biological male winning girls’ pole vault championship

"Instead of having an open and honest debate about the devastating impacts of Maine girls being forced to compete against biological males, Speaker Fecteau and his Democratic colleagues resorted to canceling and silencing me," Libby said in a statement. "Speaker Fecteau and the Democrat majority are risking hundreds of millions of dollars in federal funding for our schools by stubbornly refusing to address this injustice. I have the constitutional right to speak out and my constituents have the right to full representation in the Maine House. Biological males have no place in girls' sports. Our girls have every right, under federal law, to fair competition in sports. We will not let them be erased by the Democrat majority advancing a woke progressive agenda."

Libby had posted a photo featuring a trans-identified male athlete from Greely High School atop the podium after winning the girls’ pole vault at the state’s indoor track and field championships, which went viral on social media. "After Rep. Libby’s advocacy went viral, Maine House Speaker Ryan Fecteau (D-Biddeford) asked Rep. Libby to take down her initial Facebook post. Rep. Libby refused," the lawsuit stated.

In the wake of this, Fecteau penned an op-ed in the Bangor Daily News, which framed "Rep. Libby’s social media activity as an issue of 'privacy of Maine kids' that can 'be downright dangerous for the young person involved' and 'impact their health and their safety, at school, and in their communities.' He added, 'Kids shouldn’t have to worry about a politician sharing images of them online without their consent.'" The lawsuit noted that the "championship was a public event, was streamed online, and the names, schools, and photographs of the winners were all posted publicly."

The lawsuit stated, "The complaint that Rep. Libby’s speech somehow 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. There is nothing illegal or threatening about Rep. Libby’s posts, and at no point has she enabled or encouraged any attacks on any individual student. Instead, she has focused on the state government’s unfair policy and the rights of girls to compete fairly and safely in high school athletics."

In the resolution, it states that Libby "posted a statement criticizing the participation of transgender students in high school sports;" the "post has received national attention that she has amplified by appearing on national television and radio broadcasts to discuss"; and the "post named the minor and used photos of the minor without that minor’s consent, in an effort to advance her political agenda."

It found Libby’s conduct "to be reprehensible and in direct violation of our code of ethics," and that Libby "conducted herself in a manner incompatible with her duty and responsibilities as a Member of this House and the public trust and high standards incumbent in that office."

The resolution stated that Libby "must accept full responsibility for the incident and publicly apologize to the House and to the people of the State of Maine" and "must comport herself in a manner that pursues the highest standards of legislative conduct."

"After the House passed the censure resolution, Speaker Fecteau summoned Rep Libby to the well of the chamber, lectured her on the House’s ethics standards, and offered her an opportunity to apologize. Rep. Libby declined. Speaker Fecteau then found Rep. Libby in violation of House Rule 401(11)," the lawsuit stated, later adding, "the censure of Rep. Libby thus deprives her of the ability to speak or vote on the House floor on behalf of her 9,000 constituents in House District 90."

The lawsuit noted that Fecteau has also posted photos of minors on his account "to score political points," and "on information and belief, Speaker Fecteau did so without the minors’ consent.

The suit alleges that Fecteau violated the First Amendment rights of Libby, stating that "barring Rep. Libby from speaking or voting on the House floor is a materially adverse action that prevents Rep. Libby from doing her job, interferes with her ability to adequately perform her elected duties, and denies her privileges of the office to which she was duly elected by the people of Maine."

"Rep. Libby was retaliated against because of her speech and would not have been censured but for her speech."

The suit also alleges that the censure vote "dilutes Plaintiffs’ 2024 election votes in violation of the Equal Protection Clause’s 'one person, one vote' principle," and "dilutes Plaintiffs' vote and disenfranchises them through 'arbitrary and disparate treatment.'" Listed alongside Libby as plaintiffs in the case are residents of her district.

The suit is seeking injunctive relief prohibiting Libby from being barred from speaking on the House floor and the non-counting of the votes cast by Libby on behalf of her constituents, as well as attorney’s fees.

It also seeks a "declaratory judgement that the censure of Rep. Libby and application of House rules prohibiting her from speaking on the House floor and voting on behalf of her constituents is unlawful retaliation, in violation of the First and Fourteenth Amendments of the US Constitution" and "a declaratory judgement that the censure of Rep. Libby and application of House rules prohibiting her from voting on behalf of her constituents of the House District 90 violates the Equal Protection, Due Process, and Guarantee Clauses of the US Constitution.

Rep. Laurel Libby v Speaker Ryan Fecteau by Hannah Nightingale on Scribd