Speaker of the House Ryan Fecteau, D-Biddeford, speaks during the first day of the 2025 legislative session in January. Joe Phelan/Kennebec Journal

Maine House Speaker Ryan Fecteau has asked a judge to dismiss a lawsuit filed against him by state Rep. Laurel Libby.

Libby, R-Auburn, sued Fecteau last month in U.S. District Court in Bangor, arguing that Fecteau and Democrats in the House of Representatives violated her constitutional rights in February by barring her from voting or speaking on the House floor.

Democrats voted to censure Libby after she posted photos of a transgender high school athlete on social media as part of her criticism of Maine’s policy of allowing transgender athletes to compete in girls sports. Fecteau, D-Biddeford, has said the censure would be removed if Libby apologizes to the House, but Libby has said she will not apologize.

Attorney General Aaron Frey filed the motion to dismiss on behalf of Fecteau on Tuesday, arguing that lawmakers have immunity for their legislative conduct, preventing lawsuits over their votes. And, among other things, the motion also argues that the censure is not a violation of Libby’s right to free speech under the First Amendment to the U.S. Constitution.

“Rep. Libby does not have a First Amendment right to vote, as a legislator, on any particular piece of legislation,” the filing says.

Fecteau and his fellow Democrats argued that Libby crossed a line by placing a teenager in the center of a political debate and opening her up to bullying and harassment.

Rep. Christina Mitchell, D-Cumberland, whose district includes the school the student attends, said at the time that she was appalled by Libby’s post and ashamed that the student has now faced threats and ridicule from adults.

“I believe, and many of my constituents have told me they believe, it is morally and ethically wrong to use children for one’s own political gain,” Mitchell said.

Libby argued that her post was justified because transgender athletes “have no place in girls’ sports.” She has said will not apologize and that the Democrats had no right to censure her.

“I have the constitutional right to speak out and my constituents have the right to full representation in the Maine House,” Libby said in a news release when she filed the suit.

Rep. Laurel Libby, R-Auburn. Joe Phelan/Kennebec Journal

Libby is just the fourth Maine lawmaker to be censured by the Legislature, according to legislative records dating back to 1820.

Last year, Reps. Michael Lemelin, R-Chelsea, and Shelley Rudnicki, R-Fairfield, were censured for saying during a House floor debate that the 2023 mass shooting in Lewiston and recent storms were God’s punishment for lawmakers expanding abortion access and other “immoral” laws passed by the Democratic-controlled Legislature. Both lawmakers immediately apologized after the censure and never tested the punishment in court.