A Washington state politician who went topless at a rally for transgender individuals won’t be kicked out of office, after a ruling by the state Supreme Court.
A recall petition sought to oust Lucy Lauser from the Stevenson City Council after she exposed her breasts on March 31 outside the Skamania County Courthouse. On her chest was the message “MY BODY IS NOT A SIN.”
Police officers approached her about indecent exposure, but she cited her First Amendment rights and refused to cover herself. She was not arrested, but citizen Kathleen Fitzgerald instituted a recall petition that said Lauser failed to honor her oath of office.
Though a trial court said the petition could move forward, the Supreme Court reversed last week.
“Not all exposure is considered obscene,” Justice Charles Johnson wrote. “For example, the statute specifically states that breastfeeding is not considered indecent exposure.
“She did not believe her exposure violated the law because it was an act of protest, which she did not believe was ‘obscene.’ Therefore, even if Lauser violated the law – and there is a strong argument she did not – it was not intentional.”
Lauser, a transgender woman, was elected in 2023. Her topless protest came at a rally on the International Transgender Day of Visibility and was supported by the American Civil Liberties Union.
The ACLU said Lauser’s actions were protected political speech.
“As I’ve said from the beginning, my body is not obscene, and like any other woman, I have a right to be treated equally to a man,” Lauser said following the ruling.
“I will not allow the recall petition or the attention around it to shift focus away from the original purpose of my protest: to call out the ongoing abuse and discrimination against transgender people in this country.”
