First Circuit panel of Joe Biden-appointed judges seemed wary about reinstating a voting ban against a firebrand Maine legislator who had criticized a transgender high school athlete.
Earlier this year, Maine Representative Laurel Libby was censured by the state’s Speaker of the House after she posted a photo on Facebook of a transgender student athlete who won a girls’ pole vault event after placing fifth in similar boys’ competition two years ago.
In the post, Libby mentioned the transgender athlete’s name and included a photo of her face, which Speaker Ryan Fecteau had said could cause safety concerns. Libby refused, despite commenters on the post threatening the minor with violence, after which the Republican was officially censured following a party vote.
In her complaint against Fecteau and the House clerk, Libby says she was unconstitutionally prohibited from participating in any floor debates or having her vote counted unless she apologized, leaving her 9,000 constituents “without a voice or vote.”
State officials argue the censure is a state issue and federal judges should not intervene in Maine’s legislative process.
Earlier this year, a federal judge in Rhode Island declined Libby’s request for an injunction, as did the First Circuit. Last month, however, the U.S. Supreme Court voted 7-2 to allow her to participate in debates and votes pending the outcome of her complaint. Libby tweeted that the ruling was “a win for free speech — and for the Constitution.”