The U.S. Supreme Court on Tuesday restored a Maine state legislator’s ability to speak and vote on bills, overturning the chamber’s decision to censure her for a Facebook post criticizing a transgender high school athlete.
The high court’s 7-2 order directed the state legislature to remove the censure against Republican state Rep. Laurel Libby pending the outcome of her First Amendment lawsuit against House Speaker Ryan Fecteau.
The Democrat-controlled House on Feb. 25 voted 75-70 to reprimand Ms. Libby for her social media post showing photos of a Greely High School athlete who placed first in the girls’ pole vault after coming in fifth in the boys’ pole vault the previous year at the state championships.
She was told she would be able to return to the House floor if she apologized, which she refused to do.
“This is a victory not just for my constituents, but for the Constitution itself,” said Ms. Libby on X. “The Supreme Court has affirmed what should NEVER have been in question — that no state legislature has the power to silence an elected official simply for speaking truthfully about issues that matter.”
Ms. Libby filed an emergency petition with the U.S. Supreme Court last month after the First Circuit Court of Appeals denied her request for a temporary injunction. A lower court had previously ruled against her.
VICTORY!
The U.S. Supreme Court just restored the voice of 9,000 Mainers!
After 2+ months of being silenced for speaking up for Maine girls, I can once again vote on behalf of the people of House District 90.
This is a win for free speech — and for the Constitution.
— Rep. Laurel Libby (@laurel_libby) May 20, 2025
Justices Ketanji Brown Jackson and Sonia Sotomayor disagreed with the majority’s decision to grant the lawmaker’s request for an injunction pending appeal, with Justice Jackson calling the move unnecessary.
“The First Circuit is moving quickly to evaluate the legal issues this case presents, with oral argument scheduled to occur in a few weeks,” said Justice Jackson. “Meanwhile, before us, the applicants have not asserted that there are any significant legislative votes scheduled in the upcoming weeks; that there are any upcoming votes in which Libby’s participation would impact the outcome; or that they will otherwise suffer any concrete, imminent, and significant harm.”
Mr. Fecteau accused the Republican of “using children to score political points.” The pole-vaulter in question is a minor. Ms. Libby identified the athlete in the two photos, but only by first name.
Ms. Libby has been a staunch advocate for single-sex female sports in a state that allows scholastic athletes to compete based on gender identity.
The Department of Justice sued the state last month over its transgender-eligibility policy after Maine officials refused to accept a proposed resolution agreement that would have banned biological males in girls’ scholastic sports.
The right-of-center Independent Women’s Forum called the high court’s decision Tuesday a “major win for common sense & free speech.”
• Alex Swoyer contributed to this story.
