Law & Courts

Supreme Court Gives Relief to Maine Legislator in Transgender Sports Controversy

By Mark Walsh — May 20, 2025 3 min read
Rep. Laurel Libby, R-Auburn, speaks in opposition to a heating assistance package, Wednesday, Jan. 4, 2023, at the State House in Augusta, Maine.
  • Save to favorites
  • Print

The U.S. Supreme Court on Tuesday granted emergency relief restoring voting privileges to a Maine state legislator who was censured for her social media post critical of a transgender female student’s victory in a state high school track and field championship event.

The Feb. 17 Facebook post by state Rep. Laurel D. Libby led to other posts and media appearances in which the Republican lawmaker criticized Maine officials for allowing transgender students to participate in girls’ athletics. It also helped lead to President Donald Trump’s Feb. 21 confrontation with Maine Gov. Janet T. Mills, a Democrat, at a White House event.

The Trump administration has since ratcheted up its confrontation with Maine over the issue, with several federal agencies launching investigations into the state’s compliance with Title IX, including the U.S. Department of Education starting the process to terminate federal funds and the Department of Justice suing the state over allowing transgender participants in female sports. (Libby stood on stage with Attorney General Pam Bondi and Education Secretary Linda McMahon as they announced the suit against Maine.)

See Also

Education Secretary Linda McMahon accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025.
Education Secretary Linda McMahon, accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025. The pair were announcing a lawsuit against the state of Maine over state policies that allow transgender athletes to compete in girls' sports.
Jose Luis Magana/AP

Libby’s initial social media post led to her censure by the Maine House, with lawmakers in the Democratic majority citing potential harm to the transgender athlete who won the Class B pole vault championship. When Libby refused to apologize, the House speaker invoked a rule that bars her from floor debates and votes in the full House.

Libby and six of her constituents sued in federal court, arguing that they have been disenfranchised. Both a federal district court and the U.S. Court of Appeals for the 1st Circuit, in Boston, declined emergency relief, leading Libby to ask the Supreme Court for an injunction restoring only her voting privileges pending further review of her case.

The lawmaker is not challenging the censure and not seeking relief from the Supreme Court with regard to her speaking privileges on the floor, she said in her Supreme Court filing.

“Libby and her district had no vote on the state’s $11 billion budget, had no vote on a proposed constitutional amendment, and will have no vote on hundreds more proposed laws including—most ironically—whether Maine should change its current policy of requiring girls to compete alongside transgender athletes,” lawyers for the legislator said in the brief.

Maine Attorney General Aaron M. Frey, representing the House speaker and clerk, told the high court that the censure required only that Libby apologize, not recant her views on the transgender issue.

“The power of a legislative body to punish its members has been recognized in the common law since ancient times and has been enshrined in the U.S. Constitution and many state constitutions, including Maine’s, since the birth of our republic,” Frey said in a brief.

Two justices dissent from an order granting relief to lawmaker

In its May 20 order in Libby v. Fecteau, over the dissent of two justices, the Supreme Court granted Libby’s request to restore her voting privileges while her case continues to make its way through lower courts.

Justice Sonia Sotomayor said she would deny Libby’s application but did not elaborate.

Justice Ketanji Brown Jackson wrote a dissent that said there was little urgency for the Supreme Court to act because the 1st Circuit had scheduled oral argument “in a few weeks” and Libby and her constituents “have not asserted that there are any significant legislative votes scheduled in the upcoming weeks.”

Jackson noted that the Maine House sanctioned Libby for violating its ethics rules “when she engaged in behavior that a majority of the House determined ‘may endanger [a] minor.’”

The case raises several major questions about whether the rights of a lawmaker or her constituents have been violated by a censure accompanied by sanctions, Jackson said, noting that in a 2022 case the court upheld a school board’s censure of one of its members but declined to decide whether a censure accompanied by other punishments would amount to retaliation in violation of the First Amendment. (That case, Houston Community College System v. Wilson, involved a member of a higher education panel but was relevant for K-12 school boards as well.)

And amid a flood of emergency applications pending at the court, many involving Trump administration policies, Jackson went on to criticize her colleagues for no longer treading as carefully in deciding whether to take up such emergency matters as they once did.

The court “opts instead to dole out error correction as it sees fit,” she said.

Events

Reading & Literacy K-12 Essentials Forum Supporting Struggling Readers in Middle and High School
Join this free virtual event to learn more about policy, data, research, and experiences around supporting older students who struggle to read.
School & District Management Webinar Squeeze More Learning Time Out of the School Day
Learn how to increase learning time for your students by identifying and minimizing classroom disruptions.
Recruitment & Retention Webinar EdRecruiter 2026 Survey Results: How School Districts are Finding and Keeping Talent
Discover the latest K-12 hiring trends from EdWeek’s nationwide survey of job seekers and district HR professionals.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Judge Blocks Texas Law Requiring Ten Commandments in Schools
A federal district judge ruled that the Texas law requiring Ten Commandments displays is schools likely violates the First Amendment.
4 min read
Jackson County High School in Kentucky posts the Ten Commandments in the front hall of the school, shown here in 2000, and in every classroom, on June 25, 2025. A group of North Texas reverends filed a federal lawsuit this week to challenge a new state law that would require posting the Ten Commandments in each public school classroom.
The Ten Commandments is seen on display at Jackson County High School in Kentucky in 2000. On Aug. 20, 2025, a federal judge blocked—in 11 school districts for now—a Texas state law requiring similar displays. Similar state laws in Arkansas and Louisiana have also been halted recently in at least part of each state.
<a href="https://www.gettyimages.com/search/2/image?artistexact=Lexington%20Herald-Leader">Lexington Herald-Leader</a>/Getty Images
Law & Courts Judge Tells Trump Admin. to Restore Some Education Research Programs
The federal judge found the termination of contracts for the Comprehensive Centers and Regional Educational Laboratories was illegal.
5 min read
President Donald Trump, right, speaks during a news conference with Elon Musk in the Oval Office of the White House, Friday, May 30, 2025, in Washington.
President Donald Trump, right, speaks during a news conference with Elon Musk in the Oval Office of the White House on Friday, May 30, 2025, in Washington. Under Musk's leadership, the Department of Government Efficiency spearheaded the abrupt cancellation of dozens of Education Department contracts, including those for the Comprehensive Centers and Regional Educational Laboratories, which a judge found to be illegal.
Evan Vucci/AP
Law & Courts Appeals Court Backs School in Anti-Abortion Club's Flyer Dispute
A federal appeals court upheld an Indiana school district's limitation on a Students for Life club's political messages on school walls.
3 min read
Students for Life of America hold a rally at Supreme Court with multiple members of Congress the night before the court is hearing Dobbs v. Jackson Women's Health Organization, Nov. 30, 2021.
Members of Students for Life of America hold a rally at the U.S. Supreme Court on Nov. 30, 2021, the night before the court heard arguments in <i>Dobbs</i> v. <i>Jackson Women's Health Organization</i>, the case in which it removed federal constitutional protection for abortion. This week, a federal appeals court upheld an Indiana school's refusal to allow a student who had started a school chapter of the group to post flyers with anti-abortion messages on school walls.
Zach D Roberts/NurPhoto via AP
Law & Courts Trump Can't Require Schools to Certify They Won't Use DEI, Judge Says
A federal judge appointed by Trump struck down several efforts made by the U.S. Department of Education to curb educators’ use of DEI.
4 min read
Vector illustration of a large hand holding a contract and a smaller man with a large pen signing the contract while a woman in the background is clutching a gold coin and watching as he signs.
DigitalVision Vectors/Getty