Supreme Court Asked to Intervene in Maine Rep. Censure

A Maine House of Representatives member, Laurel Libby, is seeking emergency intervention from the Supreme Court. She was censured for publicly criticizing the state's policy allowing transgender athletes to participate in girls' sports at public high schools. Libby is requesting the court to order the chamber's clerk to count her votes, arguing that her constituents are being denied representation due to the imposed punishment.

Libby's legal team contends that the sanctions prevent her constituents from having a voice or vote on any bills considered by the House for the remainder of her term, which extends to 2026. The dispute arose from a Facebook post Libby shared in February, which highlighted a transgender athlete's performance in a state track-and-field championship. Maine allows transgender students to participate in sports based on their gender identity.

Following Libby's post, which included the athlete's name and photos, the Maine House voted to censure her. The censure resolution cited her refusal to remove the post after being warned it could endanger the athlete and directed her to apologize publicly. When Libby refused to apologize, the speaker found her in violation of a House rule, preventing her from voting or speaking until she complied.

Since the censure, roll call votes have indicated a "Z" for Libby's district. Her lawyers have stated that her seat has not participated in votes on the state's budget or bills she sponsored. Libby and some of her constituents previously filed a federal lawsuit seeking to restore her vote, but it was denied by both a district court and the U.S. Court of Appeals for the First Circuit.

In her Supreme Court request, Libby's legal team argues that the requested relief would restore equal representation. They have requested the court to intervene by May 6, when the House is scheduled to reconvene, or to hear oral arguments next month. They emphasize that without the court's intervention, Libby's constituents will continue to lack equal representation. They also state that Libby remains the representative for her district, and there is no constitutional mechanism to restore her vote unless she changes her views.