AUGUSTA — The legislator at the center of a swirling controversy over transgender sports participation doubled down on her opposition Tuesday, saying that references to gender identity should be removed from the Maine Human Rights Act.
Last week, House Democrats censured Rep. Laurel Libby (R-Auburn) for posting images on social media of a transgender high school athlete who won a recent girls’ sports competition. The censure means Libby cannot speak or vote on the House floor, something she characterized as a violation of her First Amendment right to free speech.
Since the Facebook post, she said she’s heard from supporters all over the country.
“I have heard from a growing coalition of women from various perspectives who have all reached out with their support of women and girls,” she said.
The comments came during a press conference in which Libby was surrounded by about a dozen female Republican House members wearing white in honor of Women’s History Month.
Assistant House Minority Leader Katrina Smith (R-Palermo) said they are taking “a resolute, urgent stand against what is happening in our state.”
“In Maine, young women are watching their trophies slip into the hands of young men while being told their dedication does not deserve praise,” Smith said. “Girls are pitted against competitors in lopsided matches where basic biology stacks the odds against them guaranteeing defeat and exposing them to real dangers, broken bones and smashed noses all due to obvious differences in physical strength.”
They expressed opposition to a proposed Equal Rights Amendment introduced in the Judiciary Committee on Tuesday, saying it’s unnecessary. And they nodded in support when asked by a reporter if they think the state should remove protections based on gender identity from the human rights act.
“I do believe the Human Rights Act needs to be amended to ensure protection for Maine women and girls whose rights are currently not being protected,” Libby said.
And Smith added: “This really is a united front from the women here.”
The act, which protects people based on multiple characteristics including race, ethnicity, sexual orientation, sex, age, religion and gender identity, prohibits discrimination in employment, housing and education.
It’s one of the reasons Gov. Janet Mills told President Donald Trump that Maine won’t comply with an executive order prohibiting transgender girls from competing in female sports.
Last week, Iowa rolled back similar protections for transgender residents, in part because lawmakers want to ensure that a ban on transgender girls in female sports will stand up to judicial scrutiny.
Supporters of a state-level Equal Rights Amendment say they want to add all the protections currently listed in the Maine Human Rights Act to the state constitution.
“In these times that are challenging, divisive, it is incredibly important that the protections that we spelled out in the Maine Human Rights Act be embedded in our constitution,” said Rep. Holly Sargent (D-York). “We all know that laws change, leaders change priorities change, opinions change. But basic rights of all Mainers should not change.”
Because it proposes a change to the state constitution, the bill will need some Republican support to pass. If it gets two-thirds support, which is unlikely, it will go out to voters for approval.
And while the amendment is unlikely to move forward because of Republican objections, Democrats most certainly will block any attempt to exclude transgender Mainers from the human rights act.
For her part, Libby continued Tuesday to frame the debate over transgender sports participation as one of women’s rights.
“All of the accomplishments of women over the years are being erased by men masquerading as women, erasing us from the history books,” she said. “Women’s rights, what does that term even mean? It loses all of its meaning in a world where anyone can declare themselves a woman regardless of the facts.”