Maine’s House of Representatives voted on Wednesday to remove an effective gag order and restore the floor speaking privileges of Rep. Laurel Libby (R-Auburn), which were stripped of her by Speaker Ryan Fecteau (D-Biddeford) in February after she refused to apologize for a social media post.
The post in question featured a publicly available photograph of a trans-identifying male student who had won a female track competition. Rep. Libby sued Speaker Fecteau for a violation of her rights, and while a U.S. District Court ruled against her suit, she appealed to the U.S. Supreme Court, which restored her voting — but not speaking — rights in an emergency decision last month.
By an overwhelming margin of 115-16, the House voted to return to Libby the same speaking rights any other member enjoys on its last day of a special session. The legislature will re-convene in January next year, when the measure takes practical effect.
“This is a victory not just for me — but for every Mainer who believes in the rule of law, the First Amendment, and the right to be represented in their government,” said Rep. Libby. “The Democrats caved because they knew they were losing in court. They’ve now been forced to admit what the Constitution has said all along: elected representatives cannot be silenced for speaking the truth.”
Rather than give voice to what might otherwise be an understandable bitterness at having been deprived of her First Amendment right to speak on behalf of her constituents for more than three months, Libby was upbeat but resolute in her response to the vote:
“From day one, this was a blatant violation of the Constitution,” Rep. Libby continued. “Today’s reversal is proof that the people of Maine still have the power to hold their government accountable — and that no majority, however politically motivated, is above the Constitution. I have never apologized, and never will apologize, for speaking up in defense of Maine girls and their right to a fair, safe, and level playing field.”
Fecteau abstained from voting because Libby’s lawsuit remains in the appeals process, he said.
